Agrawal v. Courts of Oklahoma et al
Filing
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ORDER denying 13 MOTION for Reconsideration re 12 Judgment, 11 Order on Motion to Dismiss filed by Kris K Agrawal. Signed by Honorable Timothy D. DeGiusti on 7/27/18. (rmc)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KRIS K. AGRAWAL,
Plaintiff,
v.
COURTS OF OKLAHOMA
and RICHARD V. OGDEN,
Defendants.
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Case No. CIV-18-396-D
ORDER
On July 9, 2018, the Court granted Defendant Judge Richard Ogden’s Motion
to Dismiss, finding that Defendant was entitled to judicial immunity for the conduct
alleged in Plaintiff’s Complaint [Doc. No. 11]. Plaintiff now moves the Court to
reconsider its decision. Because Plaintiff appears pro se, the Court liberally
construes his motion. Mayfield v. Bethards, 826 F.3d 1252, 1255 (10th Cir. 2016).
“Grounds warranting a motion to reconsider include (1) an intervening change
in the controlling law, (2) new evidence previously unavailable, and (3) the need to
correct clear error or prevent manifest injustice.” Servant of Paraclete v. Does, 204
F.3d 1005, 1012 (10th Cir. 2000) (citing Brumark Corp. v. Samson Resources Corp.,
57 F.3d 941, 948 (10th Cir. 1995)). “Thus, a motion for reconsideration is
appropriate where the court has misapprehended the facts, a party’s position, or the
controlling law.” Id. (citation omitted). A motion for reconsideration is an
inappropriate vehicle “to reargue an issue previously addressed by the court when
the motion merely advances new arguments, or supporting facts which were
available at the time of the original motion.” Servants of Paraclete, 204 F.3d at 1012
(citation omitted).
Here, Plaintiff’s motion does what Tenth Circuit precedent prohibits; he
repackages his prior arguments challenging the dismissal of his action and presents
additional arguments that have no relevance to the instant proceedings. Plaintiff has
presented no grounds that warrant reconsideration of the subject order and the Court
finds his Motion to Reconsider [Doc. No. 13] should be DENIED.
IT IS SO ORDERED this 27th day of July 2018.
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