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Claiborne v. Dixon

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

January 17, 2017

TOMMIEL QUENPONTA CLAIBORNE PLAINTIFF
v.
MRS. DIXON DEFENDANT

          ORDER

          MICHAEL T. PARKER UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on Plaintiff's Motion for Newly Discovered Evidence and Discovery to be Accessed [34]. The Court construes this as a motion for reconsideration of the Final Judgment [33] entered in this case and as a motion for further discovery. Having considered the Motion, the Court finds that it should be denied.

         On December 7, 2015, Plaintiff Tommiel Quenponta Claiborne, 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. Plaintiff is currently housed as an inmate at East Mississippi Correctional Facility (“EMCF”). In his complaint and as clarified in his testimony at the Spears hearing, [1] Plaintiff asserted claims against Defendant Dixon relating to not receiving a mattress within he first few days of his stay at WCCF. He claims a lack of a mattress injured his back.

         On August 15, 2015, Defendant filed a Motion for Summary Judgment [29]. On September 28, 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 December 23, 2016, Plaintiff filed the instant Motion for Newly Discovered Evidence and Discovery to be Accessed [34], arguing that the Court should allow further discovery of medical records from the prison, EMCF, where he is currently housed because these medical records will show that his injury is not de minimus.

         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, and he does not explain why he never requested these documents while his case was pending. The record demonstrates that Plaintiff was given an opportunity to conduct discovery. On May 2, 2016, 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 [20]. At the omnibus hearing held on April 5, 2016, the Court considered discovery issues and ordered the parties ...


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