Laratta v. Zavaras et al

Filing 83

MINUTE ORDER denying 80 Plaintiff's Motion for Reconsideration, by Magistrate Judge Michael E. Hegarty on 9/13/2010. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02498-REB-MEH GIOVANNI LARATTA, Plaintiff, v. CHRIS BARR, and SUSAN JONES, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 13, 2010. Plaintiff's Motion for Reconsideration [filed September 10, 2010; docket #80] is denied. Plaintiff's motion refers to no intervening change in controlling law nor the availability of new evidence. See Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000). Construing the motion liberally, the Court recognizes that Plaintiff may perceive a need to correct clear error or prevent manifest injustice. Id. However, the Court finds no error in its September 1, 2010 order; the case may not be certified as a class action without the proper representative, and the Court does not have the power to appoint an attorney without the attorney's consent in a civil case. Mallard v. United States District Court for the Southern Dist. of Iowa, 490 U.S. 296, 310 (1989).