Olekanma v. Wolfe et al
Filing
83
MEMORANDUM OPINION (c/m to Plaintiff 10/5/17 sat). Signed by Judge Deborah K. Chasanow on 10/5/2017. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
SAMUEL OLEKANMA
:
v.
:
Civil Action No.
DKC 15-0984
:
JOHN S. WOLFE, Warden, Jessup
Correctional Facility, et al.
:
MEMORANDUM OPINION
Plaintiff
has
(ECF No. 82).
filed
a
motion
for
relief
from
judgment.
For the following reasons, the motion will be
denied.
A
party
may
move
to
alter
or
amend
a
judgment
under
Fed.R.Civ.P. 59(e), or for relief from a judgment or order under
Fed.R.Civ.P. 60(b).
A motion to alter or amend filed within 28
days of the judgment is analyzed under Rule 59(e); if the motion
is filed later, Rule 60(b) controls.
MLC Auto, LLC v. Town of
S. Pines, 532 F.3d 269, 280 (4th Cir.2008); Graves v. One W.
Bank, FSB, No. DKC-13-3343, 2014 WL 994366, at *1 n.2 (D.Md.
Mar. 13, 2014).
Although Plaintiff purports to bring his motion
for reconsideration under Rule 60(b)(3) and (b)(6), because it
was filed within twenty-eight days of entry of the underlying
order, it is properly analyzed under Rule 59(e). See Robinson v.
Wix Filtration Corp. LLC, 599 F.3d 403, 412 (4th Cir.2010).
Courts have recognized three limited grounds for granting a
motion
for
reconsideration
pursuant
to
Rule
59(e):
(1)
to
accommodate an intervening change in controlling law; (2) to
account
for
new
evidence
not
available
at
trial;
or
(3)
to
correct a clear error of law or prevent manifest injustice.
United States ex rel. Becker v. Westinghouse Savannah River Co.,
305 F.3d 284, 290 (4th Cir. 2002) (citing Pac. Ins. Co. v. Am.
Nat'l Fire Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998), cert.
denied, 538 U.S. 1012 (2003)).
Plaintiff’s motion does not satisfy the standard of Rule
59(e).
Although
styled
under
Rule
60(b),
Plaintiff’s
motion
amounts to an argument that there was fraud which led to a
manifest injustice.
Plaintiff, however, has failed to identify
any actions that would amount to fraud or any manifest injustice
in the judgment.
Therefore, Plaintiff’s motion will be denied.
/s/
DEBORAH K. CHASANOW
United States District Judge
2
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