Boyter v. Moynihan et al

Filing 39

ORDER denying 38 Motion to Amend/Correct; denying 38 Motion for Reconsideration. Signed by District Judge Max O. Cogburn, Jr on 5/10/2013. (blf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00586-MOC-DSC
DIANNE B. BOYTER,

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Plaintiff,
Vs.
BRIAN T. MOYNIHAN, et al.,
Defendants.

ORDER

THIS MATTER is before the court on plaintiff’s Motion for Reconsideration and Leave
to Amend. Such motion was filed more than 28 days after entry of this court’s Order dismissing
this action and the Clerk entry of Judgment in accordance therewith. Rule 59(e), Federal Rues of
Civil Procedure, provides that “[a] motion to alter or amend a judgment must be filed no later
than 28 days after the entry of the judgment.” Fed.R.Civ.P. 59(e). Despite such procedural
lapse, the court has reviewed the substance of plaintiff’s motion and finds no basis for altering
the Judgment. Having considered plaintiff’s motion and reviewed the pleadings, the court enters
the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Reconsideration and
Leave to Amend (#38) is DENIED.

Signed: May 10, 2013