Jones v. Miller et al

Filing 100

ORDER denying 60 and 96 Plaintiff's Motions for Reconsideration. Signed by Honorable Susan O. Hickey on April 3, 2015. (See Order for specifics.) (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
BENJAMIN MUHAMMAD JONES

V.

PLAINTIFF

CASE NO. 12-CV-1071

THOMAS MILLER, et al.

DEFENDANTS

BENJAMIN MUHAMMAD JONES

V.

PLAINTIFF

CASE NO. 12-CV-1091

MIKE JOLLY, et al.

DEFENDANTS
ORDER

Before the Court are Plaintiff’s Motions for Reconsideration. ECF Nos. 60 and 96. Plaintiff
requests that the Court reconsider the dismissal of several Separate Defendants from this lawsuit.
ECF Nos. 11, 20, 56, 58 Separate Defendant Mike Jolly has responded to the motion. ECF No.
97. The Court finds that the matter is ripe for its consideration.
“‘Motions for reconsideration serve a limited function: to correct manifest errors of law or
fact or to present newly discovered evidence.’” Hagerman v. Yukon Energy Corp., 839 F.2d 407,
414 (8th Cir. 1988) (quoting Rothwell Cotton Co. v. Rosenthal & Co., 827 F.2d 246 (7th Cir. 1987));
see Fed R. Civ. P. 59(e). Fed. R. Civ. P. 59(e) “permits a court to alter or amend a judgment, but
it ‘may not be used to relitigate old matters, or to raise arguments or present evidence that could have
been raised prior to the entry of judgment.’” Exxon Shipping Co. V. Baker, 554 U.S. 471, 485 n. 5,

128 S. Ct. 2605, 171 L. Ed. 2d 570 (2008) (quoting 11 C. Wright & A. Miller, Federal Practice and
Procedure § 2810.1, pp. 127-28 (2d ed. 1995)).
The Court has carefully reviewed Plaintiff’s Motions for Reconsideration and finds that there
is no justification for granting a Rule 59(e) motion to alter or amend the judgment. Plaintiff has
failed to present any reason why he is entitled to relief under Rule 59(e), and this rule is not designed
to provide an avenue for disappointed plaintiffs to relitigate old matters. Under such circumstances,
relief under Rule 59(e) is unwarranted. Plaintiff’s Motions for Reconsideration (ECF Nos. 60 and
96) are DENIED.
IT IS SO ORDERED, this 3rd day of April, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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