HUGH LAWSON, Senior District Judge.
Before the Court is Plaintiff's Motion for Reconsideration. (Doc. 58). For the reasons set out below, Plaintiff's Motion is DENIED.
Plaintiff Jerry McLeod filed a pro se Complaint in this Court on October 11, 2016. (Doc. 1). Defendants timely submitted their Scheduling and Discovery Order on February 2, 2018. (Doc. 51). Plaintiff did not join in that filing or file a separate report or plan, nor did he file initial disclosures. As a result, the Court scheduled a status conference for May 9, 2018 in Valdosta, Georgia. Plaintiff failed to appear. At the hearing, Defendants made an oral motion to dismiss the case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41. The Court granted Defendants' motion, and the case was subsequently dismissed without prejudice on May 17, 2018 for Plaintiff's failure to prosecute and failure to comply with the Court's order. (Doc. 56). On May 29, 2018, Plaintiff filed a Motion for Reconsideration of the Court's order dismissing the case. (Doc. 58). Defendants Williams and Giddes filed a response in opposition to Plaintiff's motion (Doc. 59), as did Defendant Hall (Doc. 60). Plaintiff then filed a reply. (Doc. 61).
Local Rule 7.6 provides that motions for reconsideration shall not be filed as a matter of routine practice. M.D. Ga. R. 7.6. Generally, such motions will only be granted if the movant demonstrates that (1) there was an intervening development or change in controlling law, (2) new evidence has been discovered, or (3) the court made a clear error of law or fact.
But even liberally construed, Plaintiff's motion fails to allege a sufficient basis for reconsideration. Plaintiff asserts that his inability to participate in discovery was due to his unlawful arrest on February 23, 2017 following an unlawful search and seizure of his property by Brooks County law enforcement. Plaintiff further alleges that he was held without bail for more than two months so that other individuals acting in concert with the Brooks County Sheriff's Office could evict Plaintiff from his property. Plaintiff states that during the search and seizure of his property, "[a]ll records of the instant case including notes, answers, evidence, photographs, file cabinets, brief cases containing files, computer records and every scrap of paper related to this case were confiscated and are presumed destroyed." (Doc. 58, p. 2). Additionally, Plaintiff alleges that his failure to attend the Court's scheduled hearing on May 9, 2018 was "mandated by the exigent circumstances created by the defendants in their bad faith and unlawful actions to prevent him being able to prosecute his case." (
Although Plaintiff offers a lengthy recitation of facts and excuses blaming Brooks County law enforcement and unspecified "defendants" for his inability to prosecute his case and attend the Court's hearing,
Plaintiff also seems to argue that courts should not require pro se plaintiffs to comply with procedural rules in civil cases. Plaintiff states in his motion that "reprieve from procedural requirements is available to pro se litigants" in civil cases. (
Plaintiff's argument does not satisfy the first prong required for granting a motion for reconsideration: that there has been an intervening change in controlling law. As stated above, the Court liberally construes the pleadings of pro se litigants. However, the Eleventh Circuit does not take such a lenient standard regarding procedural rules: "although we are to give liberal construction to the pleadings of pro se litigants, we nevertheless have required them to conform to procedural rules."
Additionally, even if the Court were to construe Plaintiff's statements as an attempt to utilize the third prong required for granting a motion for reconsideration, that the Court committed clear error by dismissing his action for failure to comply with the Court's orders and procedural requirements, that argument also fails for the reasons set forth above. It is well-settled that the court's power to dismiss a case "is an inherent aspect of its authority to enforce its orders and insure prompt disposition of lawsuits."
Accordingly, as Plaintiff demonstrates no change in controlling law, newly discovered evidence not previously available, or clear error of law, his motion is due to be denied.
For the reasons set forth above, Plaintiff's Motion for Reconsideration (Doc. 59) is