Tyous v. Social Security Administration Commissioner

Filing 18

ORDER denying 16 Motion to Reconsider Judgment. Signed by Honorable Barry A. Bryant on October 18, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DELSHON MARICE TYOUS, SR.
vs.

PLAINTIFF
Civil No. 4:17-cv-04070

NANCY A. BERRYHILL
Acting Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is Plaintiff’s Motion to Reconsider Judgment. ECF No. 16. Plaintiff filed
this Motion pro se on September 28, 2018. Id. Upon review of this Motion, the Court finds it
should be DENIED.
Notably, the Court finds Plaintiff is seeking relief pursuant to Rule 59(e) of the Federal Rules
of Civil Procedure. Pursuant to Rule 59(e), such a motion must be filed “no later than 28 days after
the entry of the judgment.” In the present action, Plaintiff’s judgment was entered on June 28, 2018.
Plaintiff, however, did not file this Motion until September 28, 2018, three months after the
judgment was entered. Pursuant to Rule 59(e), such a date is well outside the time-period for filing
this Rule 59(e) Motion. Accordingly, the Court DENIES this Motion as untimely.
ENTERED this 18th day of October 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE