Hilgert v. Vanderford
MEMORANDUM AND ORDER - Plaintiff's "Motion to Amend or Alter Judgment" (Filing No. 13 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CLIVE B. HILGERT,
CHRISTINE VANDERFORD, et al;
This matter is before the court on Plaintiff’s “Motion to Amend or Alter
Judgment” pursuant to Federal Rule of Civil Procedure 59(e). (Filing No. 13.)
A motion to alter or amend a judgment under Rule 59(e) of the Federal
Rules of Civil Procedure serves “the limited function of correcting manifest errors
of law or fact or to present newly discovered evidence.” Holder v. United States,
721 F.3d 979, 986 (8th Cir. 2013) (internal quotation marks omitted). A Rule 59(e)
motion “cannot be used to introduce new evidence, tender new legal theories, or
raise arguments which could have been offered or raised prior to entry of
judgment.” Id. Plaintiff has not demonstrated that any manifest errors of law or fact
exist and he has not presented newly discovered evidence.
IT IS THEREFORE ORDERED that: Plaintiff’s “Motion to Amend or Alter
Judgment” (Filing No. 13) is denied.
Dated this 5th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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