Magaw v. Colvin

Filing 6

MEMORANDUM ORDER - denying 5 Letter/Motion for reconsideration of 4 ORDER. The plaintiff is given an additional 30 days to pay the filing fee. ( Notice of Compliance deadline set for 6/3/2013.). Signed by Judge Gregory M. Sleet on 5/3/13. (mdb) Modified on 5/3/2013 (mdb).

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELA WARE

LINDA M. MAGAW,

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) Civ. Action No. 13-409-CJB
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Plaintiff,

v.
CAROLYNW. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

MEMORANDUM ORDER

At Wilmington this

1~~ day of

U

,

li

,2013;

IT IS ORDERED that the plaintiffs letter/motion for reconsideration (D.L 5) is denied,
for the reasons that follow:
On March 21, 2013, the court denied the plaintiffs application to proceed in the District
Court without prepaying fees or costs under 28 U.S.C. § 1915 based upon a reported annual
income of$38,184.00. (See D.l. 4.) The plaintiff seeks reconsideration on the grounds that she
does not have the funds to pay the filing fee. (D.l. 5.)
The purpose of a motion for reconsideration is to "correct manifest errors of law or fact or
to present newly discovered evidence." Max's Seafood Cafe ex reI. Lou-Ann, Inc. v. Quinteros,
176 F.3d 669, 677 (3d Cir. 1999). "A proper Rule 59(e) motion ... must rely on one of three
grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3)
the need to correct a clear error of law or fact or to prevent manifest injustice. Lazaridis v.
Wehmer, 591 F.3d 666,669 (3d Cir. 2010) (citing North River Ins. Co. v. CIGNA Reinsurance
Co., 52 F.3d 1194,1218 (3d Cir. 1995)). A motion for reconsideration is not properly grounded

on a request that a court rethink a decision already made. See Glendon Energy Co. v. Borough of

Glendon, 836 F. Supp. 1109, 1122 (E.D. Pa. 1993).
The plaintiff has failed to demonstrate any of the necessary grounds to warrant
reconsideration of the March 21, 2013 order. Therefore, the motion for reconsideration is

denied. (D.L 5.)
The plaintiff is given an additional thirty (30) days to pay the filing fee. The plaintiff is
placed on notice that the case will be dismissed if the filing fee is not paid within the thirty day
time-frame.

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