Esquivel v. Reese et al

Filing 24

ORDER denying 23 Response to Order, which the Court treats as a motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59(e) Signed by Honorable David C. Bramlette, III on 4-13-2010 (ECW)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION ROBERTO CABRERA ESQUIVEL, #41078-018 VS. CONSTANCE REESE, ET AL. ORDER This cause is before the Court on the plaintiff's untitled response (docket entry 23) to the Court's Order and Judgment of September 30, 2009. Because the plaintiff is a prisoner proceeding pro se, and because his response is dated October 12, 2009, the Court shall treat it as a motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59(e). The Order of September 30, 2009, adopts Magistrate Judge Michael T. Parker's Report and Recommendation which finds that the plaintiff failed to fulfill the requirements of the Bureau of Prisons' Administrative Remedy Program, thus he failed to exhaust his administrative remedies. A motion to alter or amend that PLAINTIFF

CIVIL ACTION NO. 5:08-cv-242(DCB)(MTP) DEFENDANTS

reiterates issues originally raised in the complaint and seeks to challenge the legal correctness of the judgment by arguing that the Court misapplied the law or misunderstood the plaintiff's position correctly is asserted pursuant to Rule 59(e). Upon consideration

of the motion and the entire file, the Court finds that the plaintiff fails to demonstrate any reason why the Court should alter or amend the September 30, 2009 Order and Judgment, and the plaintiff's motion shall be denied. Accordingly,

IT IS HEREBY ORDERED that the plaintiff's untitled response

(docket entry 23) to the Court's Order and Judgment of September 30, 2009, which the Court treats as a motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59(e), is DENIED. SO ORDERED, this the 13th day of April, 2010.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

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