Daniels v. Caldwell

Filing 81

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 4/10/14. (Copy mailed to Daniels)(jtho, )

IN THE UNITED
FOR THE

STATES DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

JOSEPH A.

DANIELS,

Plaintiff,
v.

Civil Action No.

PAUL E.

3:11CV461

CALDWELL,

Defendant.
MEMORANDUM OPINION

Joseph

A.

Daniels,

and in forma pauperis,
By Memorandum Opinion
the

Court

granted

a

Virginia

prisoner

proceeding

and

Order entered

Defendant

2013).

3:11CV461,

2013 WL

On December 31,

(ECF No.

70.)

On

Reconsideration

(ECF No.

2013,

January 13,

under

on

Caldwell's

December
Motion

Federal

6713129,

at

*4

18,

for

2013,

Summary

See Daniels v.

(E.D.

Va.

Dec.

2014,
Rule

Daniels
of

filed a Motion

Civil

Procedure

Every person who,
under color of any statute
. . . of any State . . . subjects,
or causes to be
subjected, any citizen of the United States or other

person
within
the
jurisdiction
thereof
to
the
deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable
to the party injured in an action at law ....
1983.

for

59(e).

75.)

§

18,

Caldwell filed a Motion for Costs.

1 That statute provides, in pertinent part:

42 U.S.C.

se

filed this 42 U.S.C. § 19831 complaint.

Judgment and dismissed the action as frivolous.
Caldwell,

pro

The

United States Court of Appeals

for the

Fourth Circuit

recognizes three grounds for relief under Rule 59(e):
accommodate

an

account

for

correct

a

intervening

new

v.

available

error

law

or

of

Staton,

994

(D.

F.R.D.

Court

Md.

625,

1991);

626

committed

notice of its

Atkins

(S.D.

a

Miss.

clear

prevent

F.2d

v.

at

1076,

error

of

or

(3)

to

injustice."

(4th

Cir.

1993)

Supp.

771 F.

1406,

LeTourneau

Daniels

law

to

trial;

1081

Marathon

1990)).

(2)

manifest

Koppers Co.,
v.

to

law;

controlling

not

(citing Weyerhaeuser Corp.
1419

in

evidence

clear

Hutchinson

change

"(1)

by

Judgment.
the

Caldwell's

that

the

failing

give

him

to

intent to rule on the Motion for Summary Judgment

ample notice of the Court's

2013,

130

asserts

and by failing to appoint counsel to assist him.

Summary

Co.,

By

Court

Furthermore,

for

Caldwell's

to rule on

Memorandum Order

informed

Motion

intent

Daniels
Summary

Motion

the

Judgment

for

the Motion

entered

that

Summary

Daniels had
for

on April

26,

Court

deemed

timely

Judgment

filed.
contained

the appropriate Roseboro2 notice to Daniels.
Moreover,

warrant
App'x

the

circumstances

of

the appointment of counsel.
164,

166

(4th

Cir.

2001)

Daniels's

See

case

Fowler v.

(citation

failed

Lee,

omitted).

2 Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975)
2

to

18 F.

Because

Daniels's

fails

to demonstrate the Court committed a

clear error

of law or any other basis for granting relief under Rule 59(e),
the Motion for Reconsideration (ECF No.

The

Clerk

is

directed

to

send

75)

a

will be denied.

copy

of

the

Memorandum

Opinion to Daniels and counsel of record.

/s/

Date: (tfAxJ^ lt?jl&i^
Richmond, Virginia

Rtf

Robert E. Payne
Senior United States District Judge