Davis v. Circuit Court of Washington County, Mississippi et al

Filing 16

ORDER denying 14 Motion for Reconsideration. Signed by Magistrate Judge Roy Percy on 3/27/20. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
ELBERT DAVIS

PLAINTIFF

v.

No. 4:19CV60-RP

CIRCUIT COURT OF WASHINGTON COUNTY, ET AL.

DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION [14]
TO ALTER OR AMEND JUDGMENT
This matter comes before the court on the plaintiff’s motion for reconsideration of the
court’s July 1, 2019, order dismissing the instant case as untimely filed. 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), which must be filed within
28 days of entry of judgment. 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). The
plaintiff 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 27th day of March, 2020.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE