Cox v. DeSoto County Jail of Hernando et al

Filing 45

ORDER denying 42 Motion for Reconsideration (for Relief from Judgment or Order). Signed by District Judge Sharion Aycock on 5/29/15. (jlm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
PATRICIA A. COX

PLAINTIFF

v.

No. 3:13CV226-SA-JMV

DESOTO COUNTY JAIL OF HERNANDO, ET AL.

DEFENDANTS

ORDER DENYING PLAINTIFF=S MOTION [42]
FOR RELIEF FROM JUDGMENT OR ORDER
This matter comes before the court on the plaintiff=s motion for reconsideration of the
court=s February 10, 2015, memorandum opinion and final judgment granting the defendants’
motion for summary judgment and dismissing the case. The court interprets the motion, using the
liberal standard for pro se litigants set forth in Haines v. Kerner, 404 U.S. 519 (1972), as a motion
to amend judgment under Fed. R. Civ. P. 59(e). An order granting relief under Rule 59(e) is
appropriate when: (1) there has been an intervening change in the controlling law, (2) where the
movant presents newly discovered evidence that was previously unavailable, or (3) to correct a
manifest error of law or fact. Schiller v. Physicians Res. Grp. Inc., 342 F.3d 563, 567 (5th Cir.
2003).
Ms. Cox has neither asserted nor proven any of the justifications to amend a judgment
under Fed. R. Civ. P. 59(e). As such, the plaintiff=s request to alter or amend judgment is
DENIED.
SO ORDERED, this, the 29th day of May, 2015.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE