Mario Bowles # 490357 v. Tennessee Department of Correction, et al.

Summary

The United States District Court for the Middle District of Tennessee denies Mario Bowles’s motion for reconsideration and his related motion for the chief district judge to consider the matter. The court construes the reconsideration motion under Federal Rules of Civil Procedure 59(e) and 60(b), finding no basis for relief. The court also determines that an appeal would not be taken in good faith for purposes of in forma pauperis status, while advising that Bowles may appeal upon payment of the appellate filing fee or seek pauper status directly from the Sixth Circuit.

Holdings

1. The plaintiff was not entitled to alter or amend the judgment under Rule 59(e) because he identified no clear error of law, newly discovered evidence, intervening change in controlling law, or manifest injustice.
2. The plaintiff was not entitled to relief under Rule 60(b)(6) because he did not identify exceptional or extraordinary circumstances warranting relief from the final judgment.
3. The plaintiff's motion for chief district judge consideration was denied because it sought essentially the same relief as the motion for reconsideration and failed for the same reasons.
4. The plaintiff was not certified to proceed in forma pauperis on appeal because the court found that any appeal from the dismissal would be frivolous and not taken in good faith, although he could appeal by paying the filing fee or seeking relief directly from the Sixth Circuit.

Questions Presented

1. Whether Bowles was entitled to relief from the final judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Bowles was entitled to relief from the final judgment under Federal Rule of Civil Procedure 60(b), including Rule 60(b)(6).
3. Whether Bowles's duplicative motion for chief district judge consideration should be granted.
4. Whether Bowles's appeal should be certified as taken in good faith for purposes of proceeding in forma pauperis under 28 U.S.C. § 1915(a)(3).

Disposition

other