Moore v. Ellender et al

Filing 11

MEMORANDUM RULING re 10 MOTION to Alter or Amend 6 MOTION to Serve filed by Brenda Moore, construed as a Motion to Alter or Amend 8 Report and Recommendation. Signed by Judge Terry A Doughty on 6/7/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
BRENDA MOORE

CIVIL ACTION NO. 18-0539

VS.

JUDGE TERRY A. DOUGHTY

AMY ELLENDER, ET AL.

MAG. JUDGE KAREN L. HAYES
RULING

Pending before the Court is Plaintiff’s pro se “Motion to Alter or Amend Docket No. 6
under FRCP Rule 59(e)”, [Doc. No. 10], filed on June 4, 2018, but not entered on the electronic
docket until June 7, 2018. (A reading of Plaintiff’s motion suggests that she is actually seeking
to alter or amend the Magistrate Judge’s Report and Recommendation [Doc. No. 8] rather than
“Docket No. 6”, which is simply a motion by Plaintiff for service of pleadings by the US
Marshall).
The Magistrate Judge’s Report and Recommendation [Doc. No. 8] was filed on May 18,
2018. As was pointed out to the parties in the Report and Recommendation [Doc. No. 8, p. 67], Plaintiff’s remedy, if she was not satisfied with the Report and Recommendation, was to file
specific, written objections with the Clerk of Court within fourteen (14) days from service of the
Report and Recommendation, (or by June 1, 2018), pursuant to 28 U.S.C. § 636(b)(1)(C) and
FRCP Rule 72(b). Therefore, FRCP Rule 59(e) is not the proper procedural vehicle to attack
the Report and Recommendation, and her motion must be DENIED.
Plaintiff did not file an objection to the Report and Recommendation, or even the pending
motion, on or before June 1, 2018; therefore, on June 4, 2018, the Court rendered Judgment
adopting the Report and Recommendation of the Magistrate Judge [Doc. No. 9]. Because

Plaintiff is proceeding pro se, the Court has reviewed and considered her motion [Doc. No. 10],
and even if it was construed as an objection to the Report and Recommendation, it does not
change the opinion of the Court as reflected in the Judgment adopting the Report and
Recommendation of Magistrate Judge Hayes [Doc. No. 9].
Accordingly,
Plaintiff’s Motion to Alter or Amend Docket No. 6 [8] under FRCP Rule 59(e) [Doc. No.
10] is DENIED.
Monroe, Louisiana, this 7th day of June, 2018.

____________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE