Miles v. Mitchell et al

Filing 16

MEMORANDUM AND ORDER by Senior Judge Charles R. Simpson III on 7/25/2019 - The Rule 59(e) motion for reconsideration (DN 15 ) is DENIED. In the same motion, Plaintiff seeks to amend the complaint to add recent claims and to add new parties. The motion to amend the complaint (DN 15 ) is DENIED. cc: Plaintiff, Counsel of Record (KD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
DARRELL L. MILES
v.

PLAINTIFF
CIVIL ACTION NO. 3:18-CV-P116-CRS

SETH MITCHELL et al.

DEFENDANTS

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s pro se motion for reconsideration pursuant
to Federal Rule of Civil Procedure 59(e) (DN 15) of this Court’s November 13, 2018,
Memorandum Opinion and Order dismissing this action on initial review pursuant to 28 U.S.C.
§ 1915A (DNs 13 & 14).
A court may grant a Rule 59(e) motion to alter or amend if there is: (1) a clear error of
law; (2) newly discovered evidence; (3) an intervening change in controlling law; or (4) a need to
prevent manifest injustice. GenCorp, Inc. v. Am. Int’l Underwriters, 178 F.3d 804, 834 (6th Cir.
1999) (citations omitted). Rule 59(e) motions “are not at the disposal of an unsuccessful party to
‘rehash’ the same arguments and facts previously presented.” Rouse v. Nielsen, 851 F. Supp.
717, 734 (D.S.C. 1994) (quoting Keyes v. Nat’l R.R. Passenger Corp., 766 F. Supp. 277, 280
(E.D. Pa. 1991)).
Plaintiff fails to allege a clear error of law, newly discovered evidence, or an intervening
change in controlling law. Therefore, the Court presumes that he is arguing a need to prevent
manifest injustice. The Court has reviewed its prior decision and finds Plaintiff offers no
arguments that would cause this Court to alter or amend its decision. Accordingly,
IT IS ORDERED that the Rule 59(e) motion for reconsideration (DN 15) is DENIED.

In the same motion, Plaintiff seeks to amend the complaint to add recent claims and to
add new parties. “‘Although leave to amend a complaint should be granted liberally when the
motion is made pretrial, different considerations apply to motions filed after dismissal.’” Russell
v. GTE Gov’t Sys. Corp., 141 F. App’x 429, 436 (6th Cir. 2005) (quoting In re Gen. Motors
Corp. Anti-Lock Brake Prods. Liab. Litig., 174 F.R.D. 444, 446 (E.D. Mo. 1997), aff’d, 172 F.3d
623 (8th Cir. 1999)). “Amendments after judgment should only be allowed if the standards
under Rule 59(e) or 60(b) are met.” Russell, 141 F. App’x at 436. Plaintiff fails to meet either
standard.
IT IS THEREFORE ORDERED that the motion to amend the complaint (DN 15) is
DENIED.
Date:

July 25, 2019

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Plaintiff, pro se
Counsel of Record
4411.005

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