Young v. Simonian et al

Filing 30

ORDER denying 28 Motion for Reconsideration. Signed by District Judge Debra M. Brown on 3/30/15. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CARL DENNIS YOUNG

PLAINTIFF

V.

NO. 4:14-CV-109-DMB-JMV

JAMES SIMONIAN, ET AL.

DEFENDANTS

ORDER DENYING MOTION
Before the Court is Plaintiff=s motion [28] for reconsideration of the Court=s October 23,
2014, memorandum opinion and final judgment dismissing the instant case for failure to state a
claim upon which relief could be granted. 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: (1) when 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). The instant motion is simply a restatement of the claims the Court has already rejected.
Thus, Plaintiff has neither asserted nor proven any of the justifications to amend a judgment under
Fed. R. Civ. P. 59(e). As such, Plaintiff=s motion [28] for reconsideration is DENIED.
SO ORDERED, this 30th day of March, 2015.
/s/ Debra M. Brown_______
UNITED STATES DISTRICT JUDGE