WALTON v. HARKLEROAD et al

Filing 229

ORDER denying 228 Plaintiff's Motion for Consideration to Reopen Civil CasePursuant to Federal Rule Civil Procedures Rules 15(a) and Rule 59(e) Due to Newly Discovered Evidence in the Retaliatory Nature. Signed by Judge Arthur J. Schwab on 1/24/17. (bfm)

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IN THE UNITED STATES DISTRICT COURT ·
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARCUS WALTON,
Plaintiff,

13cv1109
ELECTRONICALLY FILED

v.
CORRECTIONAL OFFICER
HARKLEROAD, et al.,
Defendants.
MEMORANDUM ORDER RE: PLAINTIFF'S MOTION FOR CONSIDERATION TO
REOPEN CIVIL CASE PURSUANT TO FEDERAL RULE CIVIL PROCEDURES
RULES 15(A) AND RULE 59(e) DUE TO NEWLY DISCOVERED EVDIENCE IN THE
RETALIATORY NATURE [ECF 2281

Pending before the Court is Plaintiffs Motion for Consideration to Reopen Civil Case
Pursuant to Federal Rule Civil Procedures Rules 15(a) and Rule 59(e) Due to Newly Discovered
Evidence in the Retaliatory nature [ECF 228]. By way of the pending motion, Plaintiff seeks to
reopen this civil case and to add a number of additional defendants. In support of his motion,
Plaintiff contends that he is being retaliated against by various members of the staff at SCIGreene as a result of the recent small but favorable verdict rendered in Plaintiffs favor in this
action.
The arguments contained in Plaintiffs motion do not provide a basis for granting
Plaintiffs motion to reopen this case pursuant to Fed.R.Civ.P. 15, Fed.R.Civ.P. 59, or otherwise.
As the Court has already informed Plaintiff, if Plaintiff opines that he has been retaliated against
as a result of the recent favorable verdict, "his remedy is to file a new civil complaint." See ECF
226, p. 13.
Accordingly, this 24th day of January, 2017, it is hereby ORDERED that Plaintiffs
Motion for Consideration to Reopen Civil Case Pursuant to Federal Rule Civil Procedures Rules

15(a) and Rule 59(e) Due to Newly Discovered Evidence in the Retaliatory nature [ECF 228] is
DENIED.

SIArthur J. Schwab
Arthur J. Schwab
United States District Judge

ecf:

Counsel of record

cc:

Marcus Walton
BE-7837
SCI Greene
175 Progress Dr.
Waynesburg, PA 15370
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