Gonzalez v. Corrections Corporation of America et al

Filing 67

ORDER denying 63 Motion for Reconsideration re 59 Order on Motion to Amend/Correct, Order on Motion to Appoint Expert, Order on Motion for Miscellaneous Relief. Signed by W. Allen Pepper on 6/9/2010. (pls, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION OSVALDO R. GONZALEZ v. CORRECTIONS CORPORATION OF AMERICA, ET AL. ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT OR ORDER This matter comes before the court on the plaintiff's motion for reconsideration of the court's March 30, 2010, order requiring the plaintiff to file an amended complaint naming all defendants and setting forth the plaintiff's claims against each defendant. The court interprets the motion, using the liberal standard for pro se litigants set forth in Haines v. Kerner, 404 U.S. 519 (1972), as a motion for relief from a judgment or order under FED. R. CIV. P. 60. An order granting relief under Rule 60 must be based upon: (1) clerical mistakes, (2) mistake, inadvertence, surprise, or excusable neglect, (3) newly discovered evidence, (4) fraud or other misconduct of an adverse party, (5) a void judgment, or (6) any other reason justifying relief from the operation of the order. The plaintiff has neither asserted nor proven any of the specific justifications for relief from an order permitted under Rule 60. In addition, the plaintiff has not presented "any other reason justifying relief from the operation" of the judgment. As such, the plaintiff's request for reconsideration is DENIED. SO ORDERED, this the 9th day of June, 2010. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE PLAINTIFF No. 2:08CV89-P-S DEFENDANTS