TAYLOR v. VAISVILAS et al

Filing 30

ENTRY - The plaintiff has not shown that the court erred in its analysis or conclusion referred to above. Accordingly, his motion for Rule 59 new trial or motion to alter or amend 29 is denied. (copy to Plaintiff via US Mail). Signed by Judge Jane Magnus-Stinson on 4/16/2012. (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JOSEPH TAYLOR,
v.

Plaintiff,

ROSE VAISVILAS, et al.,
Defendants.

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1:11-cv-1436-JMS-DKL

ENTRY
The plaintiff in this civil rights action previously sought the appointment of
counsel. He did so not once, but twice. On each occasion, the court examined his
filings, considered his claims, and properly applied the factors pertinent to such a
request. See Pruitt v. Mote, 503 F.3d 647, 653, 655 (7th Cir. 2007)(the question is
not whether an attorney would help the plaintiff’s case, but whether, given the
difficulty of the case, the plaintiff seems competent to litigate it themselves)(en
banc).
The court has the authority to consider its rulings pertaining to the plaintiff’s
motions to appoint counsel. Peterson v. Lindner, 765 F.2d 698, 704 (7th Cir. 1985)(a
district court clearly has the “inherent power to modify or rescind interlocutory
orders prior to final judgment”). This authority is not conferred by Rule 59 of the
Federal Rules of Civil Procedure, despite the plaintiff’s contention otherwise. See
United States v. Martin, 226 F.3d 1042, 1048 (9th Cir. 2000).
The plaintiff has not shown that the court erred in its analysis or conclusion
referred to above. Accordingly, his motion for Rule 59 new trial or motion to alter or
amend [29] is denied. See Patel v. Gonzales 442 F.3d 1011, 1015-1016 (7th Cir.
2006) (“A motion to reconsider asks that a decision be reexamined in light of
additional legal arguments, a change of law, or an argument that was overlooked
earlier . . . .”).
IT IS SO ORDERED.

_______________________________

04/16/2012
Date: __________________

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Joseph Taylor
No. 905002
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064
All electronically registered counsel