McIver v. V.A. United States et al

Filing 106

ORDER denying 103 Motion for Reconsideration regarding 101 Order on Motion to Dismiss for Failure to State a Claim; denying 105 Motion to Proceed with Motion with New Documents to Enforce Judgment. Signed by Chief Judge Terrence W. Boyle on 11/6/2019. Copy sent via US Mail to Shirley Verrette McIver 213 McCoy Drive, Bennettsville, SC 29512. (Stouch, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:18-CV-9-BO
SHIRLEY MCIVER,
Plaintiff,
V.

UNITED ST A TES OF AMERICA, et al .,
Defendants.

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ORDER

This matter is before the Court on plaintiffs motions for reconsideration [DE 103] and to
proceed with new documents to enforce judgment [DE 105]. Plaintiffs motions [DE 103, 105] are
DE IED.
DISCUSSION
On November 21 , 2018 , the Court granted defendant Dr. Gordon ' s motion to dismiss
because plaintiffs claim against him was barred by the statute of limitations. The Court also
dismissed plaintiffs claims against a second defendant, Dr. Arie, because plaintiff failed to make
proper service. Plaintiff moves the Court to reconsider its November 2018 decision.
Plaintiffs motion is time-barred under Federal Rule of Civil Procedure 59(e), which
requires that a motion to alter or amend a judgment be filed within 28 days after entry. Plaintiff
has also failed to make any showing for relief under Rule 60 , which provides six grounds for relief
from a final judgment, order, or proceeding. Plaintiff s motion to reconsider [DE 103] is DE IED.
Plaintiff also filed a motion "to proceed with motion with new documents to enforce a
judgment." It is unclear what the Court is being asked to do through this filing. The motion [DE
105] is DENIED.

CONCLUSION
For the reasons discussed above, plaintiffs motions [DE 103 , 105] are DENIED.

SO ORDERED, this

J,

day ofNovember, 2019.

T
NCE W. BOYLE
CHIEF UNITED STA TES

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