Opinion
Civil Action 2:18-cv-0590
10-05-2023
ANTHONY CARTER, Plaintiff, v. ALLEGHENY COUNTY, et al., Defendants.
MEMORANDUM ORDER
Marilyn J. Horan United States District Court Judge
Presently before the Court is Plaintiff Anthony Carter's Motion for Reconsideration in which he asks that the Court reconsider its decision to close this case and upon reconsideratipon, to reopen the case. ECF No. 100. On January 7, 2020, the Magistrate Judge issued a Report (ECF No. 92) recommending that Plaintiff's case be dismissed, under Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984), based on Mr. Carter's failure to comply with a series of Orders regarding his continuing obligation to keep the Court apprised of his current address. Service of the Report and Recommendation was attempted at Plaintiff's listed address record, but was returned from Allegheny County Jail, with the notation: “RTS. Gone.” (ECF No. 93). As noted in the Report, on December 5, 2019, Court staff confirmed that Plaintiff had been released from custody on November 4, 2019. From that time until August 2023, Plaintiff had had no communication with the Court or updated his address as required.
A motion for reconsideration “must rely on one of three grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct clear error of law or prevent manifest injustice.” Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 2010) (citing North River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995)). In his Motion for Reconsideration. Mr. Carter explains the difficult housing circumstances he encountered upon his release from prison, which he states rendered him homeless and therefore he was unable to provide the Court with an updated address. Mr. Carter's Motion does not meet the standard for granting reconsideration. Accordingly, the following Order is hereby entered.
AND NOW, this 5th day of October 2023 it is hereby ORDERED that Anthony Carter's Motion for Reconsideration (ECF No. 100) is DENIED.