Hunter v. Anderson, et al.
Filing
264
ORDER. IT IS HEREBY ORDERED that Plaintiff's request to file a motion for reconsideration 257 is DENIED; and Plaintiff's Motion to Vacate Judgment 262 is DENIED.(Written Opinion). Signed by Chief Judge Michael J. Davis on 8/26/13. (GRR)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Inez Hunter,
Plaintiff,
v.
ORDER
Civil No. 12‐2008 (MJD/AJB)
Jane Anderson et al.,
Defendants.
__________________________________________________________________
Plaintiff appearing pro se.
__________________________________________________________________
This matter is before the Court on Plaintiff’s request to file a motion for
reconsideration of this Court’s Order dated July 31, 2013.
The Local Rules for the District of Minnesota provide that a motion to
reconsider can only be filed with the Court’s express permission, and then, only
“upon a showing of compelling circumstances.” L.R. 7.1(j). The district court’s
decision on a motion for reconsideration rests within its discretion. Hagerman v.
Yukon Energy Corp., 839 F.2d 407, 413 (8th Cir. 1988).
Motions for reconsideration serve a limited function: to correct
manifest errors of law or fact or to present newly discovered
evidence. Such motions cannot in any case be employed as a vehicle
to introduce new evidence that could have been adduced during
pendency of the summary judgment motion. The nonmovant has an
affirmative duty to come forward to meet a properly supported
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motion for summary judgment. . . . Nor should a motion for
reconsideration serve as the occasion to tender new legal theories for
the first time.
Id. at 414 (citation omitted). The Court has reviewed its July 31, 2013 Order and
the Plaintiff’s submissions and concludes that it contains no manifest errors of
law or fact. In addition, the case docket clearly demonstrates that Plaintiff did
have the opportunity to file objections to the Report and Recommendation dated
June 25, 2013 at docket number 233. The Local Rules for the District of Minnesota
do provide parties the opportunity to submit a reply brief.
In addition, Plaintiff has filed a motion to vacate the judgment that was
entered on August 1, 2013. In the motion to vacate, Plaintiff has not provided
any legal authority or evidentiary basis upon which this Court could grant the
requested relief. The motion will be denied.
IT IS HEREBY ORDERED that Plaintiff’s request to file a motion for
reconsideration [Doc. No. 257] is DENIED; and Plaintiff’s Motion to Vacate
Judgment [Doc. No. 262] is DENIED.
Date: August 26, 2013
s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
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