Green v. Kelly and Ryan Show

Background

The court had previously ordered Courtney Green, who was proceeding without a lawyer, to resubmit the signature page of her complaint with an original signature within 30 days. The court warned that failing to comply would result in dismissal. It later dismissed the action without prejudice because Green did not comply with that order.

Green filed an unsigned motion to reconsider the dismissal. She asserted that her original filing had been sent through the United States Postal Service as a paper document with an original signature. The court’s footnote states that the signature page in the complaint was unsigned.

Court’s analysis

The court treated Green’s filing as both a motion to alter or amend the judgment under Rule 59(e) of the Federal Rules of Civil Procedure and a motion for reconsideration under Local Civil Rule 6.3. The court explained that these standards require the moving party to show that the court overlooked controlling law or factual matters that had already been presented. Such motions are narrowly applied and are not an opportunity to repeat arguments or present new theories or evidence.

The court concluded that Green had not shown that it overlooked any controlling decisions or factual matters concerning the dismissal.

Disposition

The court denied Green’s motion under Rule 59(e) and Local Civil Rule 6.3. It also denied her request for issuance of a summons. The earlier dismissal of the action without prejudice remained in place. Judge Laura Taylor Swain signed the order.