The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
BRADLEY JEROME SMITH, ]
]
Plaintiff, ]
]
v. ] 4:20-cv-01250-ACA
]
ALABAMA BOARD OF PARDONS ]
AND PAROLES, et al., ]
]
Defendants. ]
MEMORANDUM OPINION
On October 14, 2020, the court dismissed this action under 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim. (Docs. 6, 7). On July 1, 2021,
Plaintiff Bradley Jerome Smith filed a letter with the court reiterating several of his
allegations and adding some new factual allegations. (Doc. 8). The court construes
Mr. Smith’s letter as a motion for reconsideration and DENIES the motion for the
reasons explained below.
“[R]econsideration of an order is an extraordinary remedy and is employed
sparingly.” Rueter v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 440 F. Supp. 2d
1256, 1267–68 (N.D. Ala. 2006). Motions for reconsideration should not be a “knee-
jerk reaction to an adverse ruling.” Id. (quotation marks omitted). “A motion for
reconsideration cannot be used to relitigate old matters, raise argument or present
evidence that could have been raised prior to the entry of judgment.” Wilchombe v.
TeeVee Toons, Inc., 555 F.3d 949, 957 (11th Cir. 2009) (quotation marks omitted).
Rather, reconsideration is available only “when a party presents the court with
evidence of an intervening change in controlling law, the availability of new
evidence, or the need to correct clear error or manifest injustice.” Summit Medical
Center of Alabama, Inc. v. Riley, 284 F. Supp. 2d 1350, 1355 (M.D. Ala. 2003).
Mr. Smith has not met the standard for reconsideration.
For the most part, Mr. Smith’s motion reiterates the same allegations that he
made in his complaint and amended complaint. (See Doc. 4). The court has already
considered those allegations in dismissing the amended complaint for failure to state
aclaim. (See Doc. 6); Wilchombe, 555 F.3d at 957. Mr. Smith does allege some
facts that happened after the dismissal of his amended complaint. (Doc. 8 at 1).
Even considering the new allegations, however, Mr. Smith’s amended complaint
remains deficient. Reconsideration is therefore not warranted and the court
DENIES the motion.
DONE and ORDERED this July 6, 2021.
Lo
UNITED STATES DISTRICT JUDGE