Corprew v. Uconn Health et al

Filing 11

ORDER. For the reasons discussed in the attached, Plaintiff's 8 Motion for Reconsideration is DENIED. Signed by Judge Michael P. Shea on 1/22/2018. (Taykhman, N.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

AVERY CORPREW,
Plaintiff,
:
:
:

v.
UCONN HEALTH, et al.
Defendants.

Case No. 3:17-cv-1831 (MPS)

:

RULING ON MOTION FOR RECONSIDERATION
The plaintiff moves the court for reconsideration of the ruling denying leave to proceed in
forma pauperis in this civil rights action. For the reasons set forth below, the requested relief is
denied.
Reconsideration will be granted only if the moving party can identify controlling
decisions or data the court overlooked that would reasonably be expected to alter the court’s
decision. See Oparah v. New York City Dep’t of Educ., 670 F. App’x 25, 26 (2d Cir. 2016)
(citing Schrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995)).

A motion for

reconsideration may not be used to relitigate an issue the court already has decided. See
Schrader, 70 F.3d at 257; Waller v. City of Middletown, 89 F. Supp. 3d 279, 282 (D. Conn.
2015).
The Court denied leave to proceed in forma pauperis because the plaintiff had sufficient
funds in his inmate account to pay the filing fee. ECF No. 6. The plaintiff now states that he has
no job and his funds come from the generosity of friends and family. The source of funds does
not alter the fact that the plaintiff had sufficient funds to pay the filing fee. The documents

submitted in support of the motion showed that the plaintiff had $613.53. Id. at 2. Paying the
filing fee would not leave him without any funds. The fact that he might prefer to spend the
funds on something else does not relieve him of the obligation to pay the filing fee.
The plaintiff’s motion for reconsideration [ECF No. 8] is DENIED. The plaintiff shall
tender the filing fee within twenty days from the date of this order. Failure to do so will result in
the dismissal of this case.
It is so ordered.
Signed this 22nd day of January 2018 at Hartford, Connecticut.

______/s/___________________
Michael P. Shea
United States District Judge

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