Shivers Jr. v. Sussex Correctional Institution et al
Filing
88
MEMORANDUM ORDER: The motion for reconsideration (D.I. 86 ) is DENIED. Signed by Judge Richard G. Andrews on 12/11/2019. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DWIGHT L. SHIVERS, JR. ,
Plaintiff,
V.
: Civ. No. 17-964-RGA
CONNECTIONS , et al. ,
Defendants.
MEMORANDUM ORDER
At Wilmington , this \ { day of December 2019 , having considered Plaintiff's
letter/motion for reconsideration (D .I. 86) ;
IT IS ORDERED that the motion (D .I. 86) is DENIED, for the reasons that follow:
On November 2, 2019 , the Court denied Plaintiff's requests for counsel.
(See
0 .1. 85). Plaintiff moves for reconsideration on the grounds that he is confused and
does not know how to proceed with this case. (D .I. 86) . Defendants oppose. (0 .1.
87).
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 rel. 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 clear error of law or to prevent
manifest injustice." Lazaridis v. Wehmer, 591 F.3d 666 , 669 (3d Cir. 2010) .
The Court has reviewed the filings and its memorandum opinion and order that
denied Plaintiff's request for appointment of counsel.
1
In doing so, the Court finds that
Plaintiff has failed to demonstrate any of the grounds necessary to warrant a
reconsideration of the Court's November 20, 2019 order denying Plaintiff's requests for
counsel.
future.
Plaintiff is reminded that he is not precluded from seeking counsel in the
Plaintiff's motion for reconsideration is denied.
2
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