2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-26-2008

Larry Jordan v. Allgroup Wheaton

Precedential or Non-Precedential: Non-Precedential

Docket No. 08-1345

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Recommended Citation

"Larry Jordan v. Allgroup Wheaton" (2008). 2008 Decisions. Paper 624.

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ALD-277 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 08-1345

___________

LARRY JORDAN,

 Appellant

v.

ALLGROUP WHEATON

____________________________________

On Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil No. 01-cv-03244)

District Judge: Honorable Joseph E. Irenas

____________________________________

Submitted for Possible Summary Action 

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

August 21, 2008

Before: SLOVITER, FISHER and HARDIMAN, Circuit Judges

(Filed: August 26, 2008 )

_________

 OPINION

_________

PER CURIAM

Larry Jordan appeals pro se from the District Court’s orders denying his motions to

reopen this action and for reconsideration. We will summarily affirm. See 3d Cir. LAR
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27.4 and I.O.P. 10.6

In 2001, Jordan filed a complaint alleging racial discrimination. The District Court

granted defendant’s motion for summary judgment on September 4, 2002, and we

affirmed. See Jordan v. Allgroup Wheaton, C.A. No. 02-3622, 95 Fed. Appx. 462

(Table) (3d Cir. April 15, 2004).

On December 3, 2007, Jordan filed in the District Court the motion to reopen at

issue here. The motion does not contain any argument or allegation and instead merely

requests a 60-day “extension” in which to file a supporting certification. The District

Court denied the motion by order entered December 6, 2007. Jordan then filed a motion

for an “extension of time,” in which he requested an extension to file a motion for

reconsideration under Local Rule 7.1. Jordan alleged in his motion for an extension that

he required this time to subpoena records regarding “investigation from EEOC and

NLRB” but, once again, did not set forth any grounds for relief. The District Court

denied that motion by order entered December 19, 2007, and Jordan appeals.

We construe Jordan’s initial motion as one under Fed. R. Civ. P. 60(b), and his

second motion as one under Fed. R. Civ. P. 59(e). We review the denial of each motion

for abuse of discretion. See McDowell v. Phila. Hous. Auth., 423 F.3d 233, 238 (3d Cir.

2005) (Rule 59(e)); Brown v. Phila. Hous. Auth., 350 F.3d 338, 342 (3d Cir. 2003) (Rule

60(b)). In this case, Jordan’s Rule 60 motion does not contain any allegations

whatsoever, let alone set forth grounds for relief from the District Court’s judgment. 
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Jordan’s Rule 59 motion asserts that he requires time to subpoena certain records, but

does not assert why he is seeking those records only now, what he expects them to

contain, or how they might warrant reopening this action. Jordan’s filings in this Court

also fail to state any grounds that might warrant reopening this action. 

Accordingly, the District Court did not abuse its discretion in denying Jordan’s

motions to reopen and for reconsideration, and we will summarily affirm.