McAdoo v. United States of America et al

Filing 65

ORDER denying 64 Motion for Reconsideration re 63 Order. Signed by Magistrate Judge Dennis Howell on 3/12/14. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12cv328
CARL E. MCADOO, EXECUTOR FOR )
THE ESTATE OF CHARLES RAFORD )
MCADOO, SENIOR, DECEASED,
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES OF AMERICA, et al., )
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion for Reconsideration [# 64]. Plaintiff
moves to reconsider the Court’s February 3, 2014, Order. The Court DENIES the
motion [# 64].
I.

Analysis

Previously, the Court denied without prejudice two Motions to Dismiss and
directed Plaintiff to obtain counsel within thirty (30) days of the entry of the
Court’s Order. (Order, Feb. 3, 2014.) The Court held that Plaintiff could not
proceed in the action pro so as the Executor of the Estate of Charles McAdoo, Sr.
(Id.) Plaintiff, however, failed to obtain counsel as directed by this Court.
Instead, Plaintiff now moves the Court to reconsider its Order and allow him to
proceed pro se in this case.
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As Plaintiff acknowledges in his pleadings, there are three potential
beneficiaries to the proceeds from any wrongful death recovery.

One of these

potential beneficiaries, however, has purported to sign a release of any such
proceeds. Upon a review of Plaintiff’s Motion for Reconsideration, the record, the
Court’s prior Order, and the relevant legal authority, the Court finds no grounds for
reconsidering its prior Order. Accordingly, the Court DENIES the Motion for
Reconsideration [# 64].
II.

Conclusion

The Court DENIES the Motion for Reconsideration [# 64].

Signed: March 12, 2014
Signed: March 12, 2014

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