Montalto v. Mississippi Department of Corrections et al

Filing 65

ORDER denying 52 Motion for Reconsideration. Signed by District Judge Carlton W. Reeves on 02/09/2018. (mm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
STEPHEN DANIEL MONTALTO
V.

PETITIONER
CAUSE NO. 3:15-CV-00457-CWR-FKB

MISSISSIPPI DEPARTMENT OF
CORRECTIONS; COMMISSIONER
PELICIA E. HALL

RESPONDENTS

ORDER
Before the Court is Petitioner Stephen Montalto’s motion for reconsideration, Docket No.
52, to which the Respondents filed a response in opposition, Docket No. 54. Federal courts
recognize “only three possible grounds for any motion for reconsideration: (1) an intervening
change in controlling law, (2) the availability of new evidence not previously available, and (3)
the need to correct a clear error of law or prevent manifest injustice.” Atkins v. Marathon
LeTourneau Co., 130 F.R.D. 625, 626 (S.D. Miss. 1990). Having considered Montalto’s motion
for reconsideration and supporting memorandum, the record, and relevant legal authorities, the
Court finds that the motion is not well-taken and should be DENIED.
SO ORDERED, this the 9th day of February, 2018.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE