Hampton v. Wetzel et al

Filing 85

ORDER DISMISSING pltf's motion for reconsideration 58 as untimely. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/11/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHAWN HAMPTON,
Plaintiff
v.
JOHN E. WETZEL, et al.,
Defendants

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CIVIL NO. 1:15-CV-898
(Chief Judge Conner)

ORDER
AND NOW, this 11th day of February, 2019, upon consideration of Hampton’s
motion (Doc. 58) for reconsideration pursuant to Rule 60(b) of the Federal Rules of
Civil Procedure,1 wherein he requests that the court reconsider its order dated
March 21, 2016 based on mistake and newly discovered evidence, and the court
noting that a motion based on mistake and newly discovered evidence under Rule
60(b)(1) and (b)(2) must be brought within one year after the entry of the order, see
FED. R. CIV. P. 60(c)(1), and it appearing that Hampton’s present motion was filed

Although Hampton also titled his motion as one for summary judgment, he
failed to submit a statement of material facts as required by Local Rule 56.1, and his
motion only seeks reconsideration of the court’s dismissal of several claims and
defendants. As such, the court will address the motion as one for reconsideration
under Federal Rule of Civil Procedure 60(b).
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on April 23, 2018, thirteen months after the deadline had passed, it is hereby
ORDERED that the motion (Doc. 58) for reconsideration is DISMISSED as
untimely.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania