Opinion
No. 5:12-CV-680-D
07-18-2014
DANIEL D. WILLIAMS, and PATTIE D. WILLIAMS, Plaintiffs, v. STATE OF NORTH CAROLINA, et al., Defendants.
ORDER
On October 5, 2012, Daniel D. Williams and Pattie D. Williams (collectively "plaintiffs"), proceeding pro se, filed a "request to appeal [in] forma pauperis" together with copies of documents concerning a foreclosure proceeding in the Nash County Superior Court [D.E. 1, 1-1]. On December 26, 2012, plaintiffs filed amended motions to proceed in forma pauperis [D.E. 3-4]. On the same date, plaintiffs filed a form complaint asserting "federal question of discrimination due to personal bias" based on purported deficiencies in the state-court proceeding, and naming as defendants BLB Trading ("BLB"), the State of North Carolina ("the State"), and Nash County [D.E. 5]. On November 14, 2013, the court granted defendants' motions to dismiss and denied several motions by plaintiffs, including a motion for a preliminary injunction [D.E. 33].
On November 25, 2013, plaintiffs moved for reconsideration [D.E. 35]. On December 2, 2013, plaintiffs moved for summary judgment [D.E. 37]. On December 9, 2013, plaintiffs moved for a preliminary injunction [D.E. 40]. On December 19, 2013, BLB responded in opposition to the motions [D.E. 41].
Rule 59(e) of the Federal Rules of Civil Procedure permits a court to alter or amend a judgment. See Fed. R. Civ. P. 59(e). The decision to alter or amend a judgment pursuant to Rule 59(e) is within the sound discretion of the district court. See, e.g., Dennis v. Columbia Colleton Med. Ctr., Inc., 290 F.3d 639, 653 (4th Cir. 2002); Hughes v. Bedsole, 48 F.3d 1376, 1382 (4th Cir. 1995). The Fourth Circuit has recognized three reasons for granting a motion to alter or amend a judgment under Rule 59(e): "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available [previously]; or (3) to correct a clear error of law or prevent manifest injustice." Zinkand v. Brown, 478 F.3d 634,637 (4th Cir. 2007) (quotation omitted); see Bogart v. Chapell, 396 F.3d 548, 555 (4th Cir. 2005); Pac. Ins. Co. v. Am. Nat'l Fire Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998). A party's dissatisfaction alone does not give a court reason to reconsider its decision. See Hutchinson v. Staton, 994 F.2d 1076, 1082 (4th Cir. 1993) ("mere disagreement does not support a Rule 59(e) motion").
Rule 60(b) authorizes the court to "relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect; . . . [or] fraud . . . , misrepresentation, or misconduct by an opposing party . . . ." Fed. R. Civ. P. 60(b)(1), (3). Under Rule 60(b), "a moving party must show that his motion is timely, that he has a meritorious [claim or defense], and that the opposing party will not be unfairly prejudiced by having the judgment set aside." Nat'l Credit Union Admin. Bd. v. Gray, 1 F.3d262,264 (4th Cir. 1993) (quotation omitted); see Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corp., 843 F.2d 808, 811 (4th Cir. 1988) (per curiam). If a party meets these threshold conditions, the party must then "satisfy one of the six enumerated grounds for relief under Rule 60(b)." Gray, 1 F.3d at 266.
Plaintiffs cite "newly discovered evidence that [w]asn't considered, yet was produced at trial" and claim "surprise[] by the court[']s challenge [to subject-matter jurisdiction] on its own initiative." Mot. Recons. [D.E. 35] 1; see also Mem. Supp. Pls.' Mot. Summ. J. [D.E. 38] 1. Contrary to plaintiffs' assertion, the court did not address either the merits of plaintiffs' claims or subject-matter jurisdiction sua sponte, but only after defendants filed motions to dismiss and plaintiffs were provided an opportunity to respond. Thus, plaintiffs' motion fails. See, e.g., Green v. Harrison, No. 5:12-CV-480-BO, 2013 WL 2257448, at *1 (E.D.N.C. May 22, 2013) (unpublished); Wachovia Bank, N.A. v. Ellison, 1:07CV00018, 2007 WL 2111578, at *2 (M.D.N.C. July 19, 2007) (unpublished); Clayton v. Ameriquest Mortgage Co., 388 F. Supp. 2d 601, 609 (M.D.N.C. 2005).
In sum, the court DENIES plaintiffs' motion for reconsideration [D.E. 37]. Plaintiffs' motions for summary judgment [D.E. 37] and a preliminary injunction [D.E. 39] likewise lack merit and are DENIED.
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JAMES C. DEVER III
Chief United States District Judge