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Nathan v. Corrections Corporation of America

United States District Court, S.D. Mississippi, Western Division

December 21, 2016

SHELDON NATHAN PLAINTIFF
v.
CORRECTIONS CORPORATION OF AMERICA DEFENDANT

          ORDER

          MICHAEL T. PARKER UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on Plaintiff's Motion for Relief from Judgment [62]. Having considered the Motion, the Court finds that it should be denied.

         On January 15, 2014, Plaintiff Sheldon Nathan, proceeding pro se and in forma pauperis, filed his complaint pursuant to 42 U.S.C. § 1983. The allegations in Plaintiff's complaint occurred while he was a post-conviction inmate at Wilkinson County Correctional Facility (“WCCF”) in Woodville, Mississippi. In his complaint and as clarified in his testimony at the Spears hearing, [1] Plaintiff asserted claims against Defendant Corrections Corporation of America (“CCA”) relating to an attack by a fellow inmate.

         On December 22, 2015, Defendant filed a Motion for Summary Judgment [28]. Plaintiff did not respond to the Motion. On April 27, 2016, the Court granted Defendant's Motion for Summary Judgment and entered a final judgment, dismissing this action with prejudice. See Opinion and Order [32]; Final Judgment [33]. On May 13, 2016, Plaintiff filed a Motion for Relief from Judgment [34], arguing that the Court should reconsider its ruling because he did not receive a copy of the Motion for Summary Judgment. The Court granted Plaintiff's Motion and set aside the Opinion and Order [32] and Final Judgment [33]. See Order [36]. Plaintiff was provided a copy of the Motion for Summary Judgment and the memorandum brief in support, and the Court directed Plaintiff to file a response. Plaintiff filed two responses, one on August 31, 2016, and the other on September 6, 2016. See Responses [48] [49].

         On September 21, 2016, after considering Plaintiff's responses, the Court granted Defendant's Motion for Summary Judgment and entered a final judgment, dismissing this action with prejudice. See Opinion and Order [51]; Final Judgment [52]. On November 23, 2016, Plaintiff filed the instant Motion for Relief from Judgment [62], arguing that the Court should set aside its judgment because Plaintiff was not given an opportunity to conduct discovery or support his claims with evidence.

         Federal Rule of Civil Procedure 60(b) provides for relief from a final judgment in the following limited circumstances:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.

Fed. R. Civ. P. 60(b).

         Plaintiff has failed to show that any of the aforementioned grounds for relief from judgment exist. The record demonstrates that Plaintiff's argument that he was not given an opportunity to conduct discovery or support his claims is wholly without merit. On May 21, 2015, the Court set an omnibus hearing in this case and ordered the parties to be prepared to discuss and identify any and all discovery requests or issues at the hearing. See Order [14]. At the omnibus hearing held on July 28, 2015, the Court considered ...


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