Montalto v. Mississippi Department of Corrections et al
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
STEPHEN DANIEL MONTALTO
CAUSE NO. 3:15-CV-00457-CWR-FKB
MISSISSIPPI DEPARTMENT OF
PELICIA E. HALL
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
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