SMITH v. UNITED STATES OF AMERICA et al
Filing
5
OPINION. Signed by Judge Robert B. Kugler on 12/17/2013. (dmr) (n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
WILLIAM SMITH,
:
:
Plaintiff,
:
:
v.
:
:
UNITED STATES OF AMERICA, et al.,
:
:
Defendants.
:
_________________________________________ :
Civ. No. 13-6770 (RBK) (KMW)
OPINION
ROBERT B. KUGLER, U.S.D.J.
I.
INTRODUCTION
This matter comes before the Court upon pro se plaintiff’s motion for reconsideration of
the Court’s November 20, 2013 Opinion and Order that administratively terminated this case due
to plaintiff’s failure to pay the filing fee or submit an application to proceed in forma pauperis.
As plaintiff has filed a motion for reconsideration, the Clerk will be ordered to reopen this case.
For the following reasons, the motion for reconsideration will be denied.
II.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New
Jersey. In November, 2013, the Court received plaintiff’s civil rights complaint in which
plaintiff invokes Bivens v. Six Unknown Agents of Fed. Bureau of Narcotics, 403 U.S. 388
(1971). However, before the complaint could be filed, plaintiff needed to pay the $400 filing fee
or submit a complete application to proceed in forma pauperis.
As plaintiff had neither paid the $400 filing fee nor submitted an application to proceed
in forma pauperis, the case was administratively closed on November 20, 2013. The Court
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instructed plaintiff that he could have his case reopened if he paid the $400 filing fee or
submitted an application to proceed in forma pauperis. 1
On December 9, 2013, the Court received plaintiff’s motion for reconsideration. Plaintiff
argues in his motion for reconsideration that he has in fact paid the filing fee.
III.
ANALYSIS
Local Civil Rule 7.1(i) allows a party to seek reconsideration by the Court of matters
which the party believes the judge has “overlooked.” See Carney v. Pennsauken Twp. Police
Dep’t, No. 11-7366, 2013 WL 4501454, at *1 (D.N.J. Aug. 21, 2013) (citations omitted). “The
standard for reargument is high and reconsideration is to be granted only sparingly.” Yarrell v.
Bartkowski, No. 10-5337, 2012 WL 1600316, at *3 (D.N.J. May 7, 2012) (citing United States v.
Jones, 158 F.R.D. 309, 314 (D.N.J. 1994)). To be successful on a motion for reconsideration, a
petitioner has the burden to demonstrate: “(1) an intervening change in the controlling law; (2)
the availability of new evidence that was not available when the court [issued its order]; or (3)
the need to correct a clear error of law or fact or to prevent manifest injustice.” Max’s Seafood
Café v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999) (citation omitted); see also Berry v. Jacobs
IMC, LLC, 99 F. App’x 405, 410 (3d Cir. 2004).
Plaintiff asserts in his motion for reconsideration that he has paid the filing fee. The
docket reflects otherwise. Therefore, the motion for reconsideration will be denied and the Clerk
will be ordered to administratively terminate this case.
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The Court also sent plaintiff a blank form application to proceed in forma pauperis in a civil
rights case brought by a prisoner.
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IV.
CONCLUSION
For the following reasons, the motion for reconsideration will be denied. An appropriate
order will be entered.
DATED: December 17, 2013
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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