Allemandi v. Munoz et al

Filing 59

MEMORANDUM. Signed by Judge Leonard P. Stark on 5/16/2018. (jcs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HERMIONE KELLY IVY WINTER,
formerly known as David Allen Allemandi,
Plaintiff,
Civil Action No. 17-1432-LPS

v.

DR. P. MUNOZ, et al.,
Defendants.

MEMORANDUM
1.

Introduction. Plaintiff Hermione Kelly Ivy Winter ("Plaintiff"), an inmate at the

James T. Vaughn Correctional Institution ("VCC") in Smyrna, Delaware, filed this action pursuant
to 42 U .S.C. § 1983. She appears prose and has been granted leave to proceed in forma pauperis. On
February 5, 2018, the Court screened the Complaint pursuant to 28 U.S.C. § 1915(e)(2) and§ 1915A,
dismissed several claims, and allowed Plaintiff to proceed against several Defendants. (D.I. 17, 18)
She was also given leave to amend claims alleging medical needs, equal protection, sexual
harassment, and failure to protect. (Id.) Several motions were denied at the same time. Plaintiff
moves for reconsideration, to reinstate all previously-dismissed defendants and/ or to provide
counsel. 1 (D.I. 23)
2.

During the course of this litigation, Plaintiff has filed numerous motions for

injunctive relief. The Court denied her motions on March 26, 2018, and warned Plaintiff that future
repetitive filings seeking the same or similar relief would be docketed and not considered. (D.I. 47)
The next day, Plaintiff filed a motion for emergency help (D.I. 50) that seeks the same or similar
relief and was docketed, but not considered. A few days later, Plaintiff filed a motion for new

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The Court will address Plaintiff's request for counsel in a separate order.
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emergency help, claiming sexual assault and seeking a transfer to a different institution. (D.I. 51) At
the same time, Plaintiff filed a motion for reconsideration of the March 26, 2018 memorandum and
order that denied her motions for injunctive relief (on the grounds that her medical condition is not
being monitored despite Defendants' claims to the contrary). (D.I. 52) Prior to filing the motion
for reconsideration, Plaintiff filed a notice of appeal of the March 26, 2018 memorandum and order.

(See D.I. 43)
3.

Motion for Reconsideration. 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 Cefe

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 a clear error oflaw or fact or to prevent manifest injustice. See

Lazaridis v. Wehmer, 591 F.3d 666,669 (3d Cir. 2010) (citing N. River Ins. Co. v. CIGNA Reinsurance
Co., 52 F.3d 1194, 1218 (3d Cir. 1995)).
4.

Plaintiff's displeasure with this Court's rulings does not meet the requisites for

reconsideration. Plaintiff has not set forth any intervening changes in the controlling law, new
evidence, or clear errors oflaw or fact made by the Court. See Max's Seafood Cefe, 176 F.3d at 677.
With regard to the screening order, Plaintiff was given leave to file an amended complaint to amend
several claims. With regard to the denial of Plaintiff's motions for injunctive relief and given the
gravity of the claims, the Court very carefully considered the evidence of record. Once again it has
considered the filings of the parties and the evidence of record. However, Plaintiff has failed to
demonstrate any of the aforementioned grounds to warrant a reconsideration. For these reasons,
both motions for reconsideration will be denied. (D.I. 23, 52)

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5.

Injunctive Relief. Plaintiff seeks injunctive relief, claiming sexual assault and

seeking a transfer to a different institution. (D.I. 51) The VCC warden will be ordered to respond
to the motion.
6.

Conclusion. The Court will: (1) deny the motions for reconsideration (D.I. 23, 52)

and (2) will order the VCC warden to respond to the motion for injunctive relief found at Docket
Item 51. An appropriate order will be entered.

UNITED STATES DIS RICT JUDGE
May 16, 2018
Wilmington, Delaware

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