Gillette v. Core Civic et al
Filing
108
ORDER DENYING 104 Plaintiff's Motion for Relief from Judgment Order. Signed by Magistrate Judge David A. Sanders on 3/23/2021. (cb)
Case: 3:18-cv-00106-DAS Doc #: 108 Filed: 03/23/21 1 of 1 PageID #: 986
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
RONALD E. GILLETTE
PLAINTIFF
v.
No. 3:18CV106-DAS
CORE CIVIC, ET AL.
DEFENDANTS
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 final judgment [95]. 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. Id. The
court dismissed this case for failure to exhaust administrative remedies.
The plaintiff alleges, however, that there were alternative grievance procedures, which he
tried unsuccessfully to use. However, the “alternative” grievance procedures to which he refers
are merely a part of the regular grievance process, which he did not complete. As such, 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 23rd day of March, 2021.
/s/ David A. Sanders
DAVID A. SANDERS
UNITED STATES MAGISTRATE JUDGE
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