Jacob v. Houston

Filing 231

MEMORANDUM AND ORDER denying 230 Petitioner's Motion to Amend. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN M. JACOB,

)
)
Petitioner,
)
)
v.
)
)
SCOTT FRAKES,
)
)
Respondent.
)
______________________________)

4:10CV3073

MEMORANDUM AND ORDER

This matter is before the Court on the motion of Steven
M. Jacob (“petitioner”) to alter or amend the judgment of the
Court pursuant to Fed. R. Civ. P. 59(e) (Filing No. 230).1

“Rule

59(e) motions serve the limited function of correcting manifest
errors of law or fact or to present newly discovered evidence.”
Holder v. U.S., 721 F.3d 979, 986 (8th Cir. 2013)(internal
citation and quotation marks omitted).

In addition, a court may

provide relief to party from a final judgment for “any reason
that justifies relief.”

Fed. R. Civ. P. 60(b)(6).

The Court has carefully reviewed the petitioner’s
arguments and relevant law.

The Court finds no reason to grant

petitioner’s motion under either Rule 59(e) or Rule 60(b)(6) of
the Federal Rules of Civil Procedure.

1

Thus, petitioner’s motion

The Court will consider petitioner’s motion under both Rule
59(e) and Rule 60(b)(6) of the Federal Rules of Civil Procedure.

will be denied.

The Court’s June 2, 2017, Order and Judgment

(Filing No. 229) remains in effect.

Accordingly,

IT IS ORDERED that petitioner’s motion to alter or
amend its judgment (Filing No. 230) is denied.
DATED this 19th day of July, 2017.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court