Monte Everett Congleton v. Commonwealth of Virginia, et al.

Summary

The court denies the plaintiff’s motion for reconsideration under Federal Rule of Civil Procedure 59(e) after dismissing the action without prejudice for failure to return a consent-to-collection-of-fees form and pay the statutory filing fee. The court concludes that the plaintiff has not shown a recognized basis for Rule 59(e) relief, but directs the Clerk to file the complaint as a new civil action because the plaintiff appears intent on pursuing the litigation.

Holdings

1. Filings made within twenty-eight days after entry of judgment that seek reconsideration are construed as motions under Federal Rule of Civil Procedure 59(e).
2. Reconsideration was not warranted because Congleton did not identify an intervening change in controlling law, newly available evidence, a clear error of law, or manifest injustice.
3. The court appropriately dismissed the action without prejudice because Congleton failed to return the consent to collection of fees form and did not pay the statutory filing fee, demonstrating a willful failure to prosecute.

Questions Presented

1. Whether Congleton's post-judgment filings should be construed as a motion under Federal Rule of Civil Procedure 59(e).
2. Whether Congleton demonstrated a basis for Rule 59(e) relief from the dismissal without prejudice.
3. Whether the court properly dismissed the action for failure to comply with its fee-related order and failure to prosecute.

Disposition

other