Freeman v. Woolston et al

Filing 218

ORDER denying 212 Reconsideration by Judge David M. Ebel on 04/23/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01756-DME-MJW
MARCUS LELAND FREEMAN,
Plaintiff,
v.
WOOLSTON, Vocational Instructor,
LIKENS, Educational Department,
Defendants.
ORDER DENYING RECONSIDERATION
This matter comes before the Court on Plaintiff Marcus Freeman’s “Motion to
Alter or Amend” this Court’s March 28, 2013 order (Doc. 198) to the extent it granted
Defendant Woolston summary judgment on Freeman’s second claim for relief. (Doc.
212.) The Court DENIES that motion. 1
Having considered Freeman’s motion to alter or amend, as well as the previously
filed summary judgment pleadings and the videotape of the December 14, 2010
incident, the Court is not persuaded that its order granting Defendant Woolston
summary judgment on Freeman’s second claim was clearly in error. See Rodeman v.
Foster, 767 F. Supp. 2d 1176, 1188-89 (D. Colo. 2011). Nor has Freeman directed the
Court’s attention to any new evidence or legal authority that has emerged since the

Although the time for Defendant Woolston to respond to Freeman’s motion for
reconsideration has not yet passed, the Court can “rule on a motion at any time after it
is filed.” D.C.COLO.LCivR 7.1(C).
1

Court granted Woolston summary judgment. See id. Therefore, the Court DENIES
Freeman’s motion to alter and amend the Court’s summary judgment order. (Doc. 212.)
Dated this

23rd

day of

April , 2013.
BY THE COURT:
s/ David M. Ebel
U. S. CIRCUIT COURT JUDGE

2