Jones v. Solomon et al

Filing 16

ORDER denying 15 Motion for Reconsideration re 11 Order. Clerk is instructed to mail Plaintiff a blank copy of the 1983 Complaint form. Signed by Chief Judge Frank D. Whitney on 10/5/2018. (Pro se litigant served by US Mail.)(kby)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18-cv-89-FDW
JORDAN ANDREWS JONES,

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Plaintiff,
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vs.
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GEORGE T. SOLOMON, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Reconsideration, (Doc. No.
15), of the Court’s Order on initial review. See (Doc. No. 11).
Plaintiff seeks reconsideration of the Court’s dismissal of several of his claims on initial
review and the denial of his request for the appointment of counsel. A party may file a Rule 59(e)
motion to alter or amend no later than 28 days after the entry of a judgment. Fed. R. Civ. P. 59(e).
Such a motion may only be granted: (1) to accommodate an intervening change in controlling law;
(2) to account for new evidence not available at trial; or (3) to correct a clear error of law or to
prevent manifest injustice. Hill v. Braxton, 277 F.3d 701, 708 (4th Cir. 2002); see Mayfield v. Nat’l
Ass’n for Stock Car Auto Racing, Inc., 674 F.3d 369, 378 (4th Cir. 2012). “Rule 59(e) motions
may not be used to make arguments that could have been made before the judgment was entered.”
Hill, 277 F.3d at 708. The circumstances under which a Rule 59(e) motion may be granted are so
limited that “[c]ommentators observe ‘because of the narrow purposes for which they are intended,
Rule 59(e) motions typically are denied.’” Woodrum v. Thomas Mem’l Hosp. Found., Inc., 186
F.R.D. 350, 351 (S.D. W. Va. 1999) (quoting 11 Charles Alan Wright, Arthur R. Miller & Mary
Kay Kane, FEDERAL PRACTICE AND PROCEDURE § 2810.1 (2d ed. 1995)).

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Plaintiff reiterates his claims for relief and attempts to demonstrate their sufficiency to
proceed. He also argues that the denial of his request for the appointment of counsel should be
reconsidered due to the serious nature of the alleged constitutional violations. Plaintiff fails to
satisfy Rule 59 and his motion for reconsideration will be denied.
If Plaintiff wishes to file new or different claims and/or make changes to the named
defendants, he must do so via an Amended Complaint which would be subject to all procedural
and timeliness requirements. See Fed. R. Civ. P. 15. Piecemeal filings will not be permitted.
Plaintiff is reminded that, despite his pro se status, he must comply with all applicable procedures
and rules including the Federal Rules of Civil Procedure and the Court’s Local Rules. His attention
is particularly drawn to Rule 8(a)(2) of the Federal Rules of Civil Procedure which requires a
“short and plain” statement of the claim. Any Amended Complaint will supersede the original
Complaint and therefore any Defendants or claims not contained in the Amended Complaint will
be waived. Plaintiff must include the case number on his Amended Complaint so that it is docketed
in the correct case.
To the extent Plaintiff seeks to “compel” discovery, this request is premature and has been
misdirected to the Court. See Fed. R. Civ. P. 26(c) (as a general matter, a party must make initial
disclosures at or within 14 days after the parties Rule 26(f) conference); Local Rule 26.1 (“Official
Court-ordered and enforceable discovery does not commence until issuance of the scheduling
order.”); Local Rule 26.2 (“The parties shall not file any initial disclosures, designations of expert
witnesses and their reports, discovery requests or responses therto, deposition transcripts, or other
discovery material unless: (1) directed to do so by the Court; (2) such materials are necessary for
use in an in-court proceeding; or (3) such materials are filed in support of, or in opposition to, a
motion or petition.”).

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IT IS, THEREFORE, ORDERED that:
(1) Plaintiff’s Motion for Reconsideration, (Doc. No. 15), is DENIED for the reasons set
forth in this Order.
(2) The Clerk of Court is instructed to mail Plaintiff a blank copy of the § 1983 Complaint
form.
Signed: October 5, 2018

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