Stewart v. Moccasin Bend Mental Hospital

Filing 199

MEMORANDUM AND ORDER: Plaintiff's 197 Motion for New Trial is DENIED. Signed by Magistrate Judge William B Carter on 11/2/2010. (BJL) SERVICED TO: Shernard Stewart.

Stewart v. Moccasin Bend Mental Hospital

Doc. 199

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA SHERNARD C. STEWART, Plaintiff, v. MOCCASIN BEND MENTAL HOSPITAL, CYNTHIA HONEYCUTT, NANCY HOOPER, CHARLYNNE PARSON, ROB CATHERMAN , JANET WILLIAMS, ABIGAIL HAMMONDS, WILLIAM VENTRESS, HOLLY METCALF, TERRY JONES, DOUGLAS BENNETT, SONNY SLATER, SCOTT LINDSAY Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 1:07-cv-305 Magistrate Judge Carter

MEMORANDUM and ORDER On September 30, 2010, following a two day bench trial, the Court entered judgment in favor of defendants and dismissing all plaintiff's claims. Plaintiff Shernard Stewart timely filed a motion seeking a new trial on October 13, 2010. [Doc. 197]. Plaintiff now asks for a jury trial. "A motion for a new trial in a nonjury case ... should be based upon manifest error of law or mistake of fact, and a judgment should not be set aside except for substantial reasons." 11 CHARLES ALAN WRIGHT AND ARTHUS R. MILLER & MARY KAY KANE, 11 FEDERAL PRACTICE
AND PROCEDURE CIV §

2804 (2d ed. 2010). Plaintiff does not argue the Court made a manifest

error of law. Rather, plaintiff appears to argue the Court made a error of fact on the ground that the evidence does not support the Court's decision. Plaintiff's motion is a recitation of the arguments he made at trial. Following the close of evidence at trial, the Court stated on the record the basis for it decision,1 and the Court sees nothing in plaintiff's motion to persuade the

Pursuant to Fed. R. Civ. P. 52(a)(1), the Court entered its findings of fact and conclusions of law on the record after the close of evidence. See Rule 52(a)(1) ("The findings

1

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Court that the original decision was erroneous. Substantial reasons to set aside the judgment are lacking. Consequently, plaintiff's motion for a new trial is DENIED. SO ORDERED. s/William B. Mitchell Carter UNITED STATES MAGISTRATE JUDGE

and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.")