Welch v. Hardy et al

Filing 35

RULING denying 34 Motion to Alter Judgment, treated as a motion for new trial pursuant to Rule 59. Signed by Judge James J. Brady on 06/03/2013. (CGP) Modified on 6/5/2013 to edit docket text(CGP).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

GLEN WELCH (#371185)
VERSUS

CIVIL ACTION

CADET B. HARDY, ET AL

NUMBER 12-544-JJB-SCR

RULING
This matter is before the court on the plaintiff’s Motion to
Alter or Amend the Judgment which shall be treated as a motion for
new trial pursuant to Rule 59, Fed.R.Civ.P. Record document number
34.
Pro se plaintiff, an inmate confined in Louisiana State
Penitentiary, Angola, Louisiana, filed this action pursuant to 42
U.S.C. § 1983 against Cadet Brandon Hardy, Sgt. Louis Boyd, Sgt.
David Stroud and Warden Burl Cain.

Plaintiff alleged that the

defendants failed to protect him from attack by a fellow inmate in
violation of his constitutional rights.
A magistrate judge’s report was issued on April 11, 2013,
recommending that the defendants’ motion for summary judgment be
granted.1

Plaintiff did not file an objection to the magistrate

judge’s report.
Judgment was entered on April 30, 2013, dismissing this matter

1

Record document number 30.

without prejudice to any state law claim.2
On May 17, 2013, the plaintiff moved to have the entry of
judgment set aside on the grounds that the court erroneously
determined that there were no factual issues in dispute which
rendered summary judgment inappropriate.

Plaintiff argued that

although he did not artfully plead his case, and he failed to
oppose the defendants’ motion for summary judgment and object to
the magistrate judge’s report, the court should nonetheless set
aside the judgment and permit him a fair opportunity to prove his
claims.
Plaintiff has failed to satisfy the prerequisites necessary to
be relieved from judgment.
Accordingly, the plaintiff’s Motion to Alter or Amend the
Judgment, treated as a motion for new trial pursuant to Rule 59, is
denied.
Baton Rouge, Louisiana, June 3, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA

2

Record document number 32.
2