LOUISE W. FLANAGAN, District Judge.
This matter is before the court on the following motions filed by plaintiff: 1) to alter judgment (DE 67), 2) to compel a court's order (DE 74), and 3) for reconsideration (DE 80) of the court's May 9, 2018, order.
The court begins with plaintiff's motions to alter judgment and to compel a court's order. On December 10, 2018, the court entered order denying plaintiff's motion to hold non-party "Ms. Strickland" in contempt because she refused to release certain funds from plaintiff's inmate trust account to pay the initial partial filing fee in this action. The instant motions to alter judgment and to compel a court's order seek reconsideration of the court's December 10, 2018, order.
Plaintiff's motions for reconsideration of an interlocutory order are governed by Rule 54(b) of the Federal Rules of Civil Procedure. Rule 54(b) provides that "any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities." Fed. R. Civ. P. 54(b). Compared to post-judgment Rule 59(e) motions, Rule 54(b) gives district courts "broader flexibility to revise
The discretion provided by Rule 54(b), however, "is not limitless."
Plaintiff has not established the court committed a clear error of law in its December 10, 2018, order, that substantially different evidence warrants a different result, or a change in applicable law. Plaintiff's Rule 54(b) motions are therefore denied.
Additionally, to the extent the instant motions for reconsideration should be construed as motions for preliminary injunctive relief, the motions lack merit. To obtain a preliminary injunction, the motion party must establish "that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest."
Additionally, plaintiff admits that his requests for relief related to his inmate trust account are not relevant to his underlying claims. (Mot. Alter Jx (DE 67) at 4 (stating the motion "does not affect the outcome of this action")). "A preliminary injunction may never issue to prevent an injury or harm which not even the moving party contends was caused by the wrong claimed in the underlying action."
Plaintiff also seeks reconsideration of the court's May 9, 2018, order denying without prejudice his motions to compel responses to certain discovery requests. As explained in that order, the court denied the motions to compel because the court extended the discovery deadline. Plaintiff and his appointed counsel therefore could obtain the necessary discovery during the extended discovery period. The instant motion for reconsideration, filed months after discovery closed, seeks an order granting the initial motions to compel that the court denied in the May 9, 2018, order. Where plaintiff did not file renewed motions to compel during the extended discovery period, and has not shown good cause for reopening discovery, the motion for reconsideration is denied.
In sum, the court DENIES plaintiff's motion to alter judgment (DE 67), to compel a court's order (DE 74), and for reconsideration (DE 80).
SO ORDERED.