Martin v. Harlan, D.O. et al

Filing 15

ORDER DISMISSING CASE. Signed by Judge Gregory L. Frost on 1/22/16. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROBERT MARTIN,
Plaintiff,
Case No. 2:14-cv-1553
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
DOCTOR HARLAN, D.O. et al.,
Defendants.

ORDER
This matter is before the Court for consideration of Plaintiff’s “Objection
Reconsideration” of the Court’s December 18, 2014 Opinion and Order denying Plaintiff’s
motion for leave to proceed in forma pauperis. (ECF No. 12.) In that filing, the Court ordered
that Plaintiff pay the $400.00 filing fee within 30 days or this action will be dismissed. Plaintiff
failed to pay the filing fee. The Court accordingly DISMISSES this case.
To the extent Plaintiff’s “objection recommendation” can be construed as a motion for
reconsideration of the Court’s December 18, 2014 Opinion and Order, the Court denies the same.
A court will consider a motion for reconsideration if there exists: (1) an intervening change of
controlling law, (2) new evidence available, or (3) a need to correct a clear error or prevent
manifest injustice. Rodriguez v. Tenn. Laborers Health & Welfare Fund, 89 F. App’x 949, 959
(6th Cir. 2004) (citing Reich v. Hall Holding Co., 990 F. Supp. 955, 965 (N.D. Ohio 1998)).
None are present in this case. The arguments Plaintiff raises could have been raised in his
objections to the Magistrate Judge’s Report and Recommendation, which Plaintiff filed on
September 26, 2014 and which the Court has already rejected.

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The Court accordingly DIRECTS the Clerk to enter judgment accordingly and terminate
this case from the docket records of the United States District Court for the Southern District of
Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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