Supreme-El v. Commonwealth of Virginia et al

Filing 25

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 03/23/2016. (ccol, )

L

IN THE UNITED STATES DISTRICT COURT
FOR THE

£

EASTERN DISTRICT OF VIRGINIA

Richmond Division

MAR 2 3 201$

1

METAPHYZIC EL-ECTROMAGNETIC SUPREME-EL,

Plaintiff,
Civil Action No.

COMMONWEALTH OF VIRGINIA, ^

3;14CV55

al.,

Defendants.

MEMORANDUM OPINION

Metapyhzic

El-ectromagnetic

proceeding pro se and m

§ 1983 action.

(Moorish)
member

forma pauperis,

National,

...

a

Nation Permanent Mission;

of

Government;

the

Suprerae-El,

the

a

a

Virginia

Autochthon

member
a

Yamassee

inmate

filed this 42 U.S.C.

Supreme-El claims that he is a

Moorish-American

of

"free sovereign
the

Amurican

diplomatic agent
Native

.

American

.

.;

a

Muurish

foreign government irrespective of recognition by

United States."

(Part.

Compl.

f

5,

ECF No.

20.)^

Memorandum Opinion and Order entered on October 26,
Court dismissed Supreme-El's action as frivolous.

By

2015,

the

(ECF Nos.

21,

22.)

On November 23, 2015,^ Supreme-El filed a Motion for Relief

under

Federal Rule

Civil

Procedure

59(e)

("Rule

59(e)

Motion").

^ The Court corrects the capitalization in the quotations
from Supreme-El's submissions.

^ This is the date Supreme-El indicates that he mailed his
Rule 59(e) Motion to the Court
Court deems this the filed date.
266, 276 (1988) .

..J

plERK U.S. DiS 1i^tCT court
RICHMOND. VA

V.

ni

(Rule 59(e) Mot. 2),
See Houston v. Lack,

and the
487 U.S.

For
No.

the
23}

reasons

set

forth

below,

the

Rule

59 {e)

after

its

Motion

(ECF

will be denied.

"[R]econsideration

of

a

judgment

entry

is

an

extraordinary remedy which should be used sparingly."

Pac. Ins.

Co.

{4th

V.

Am.

1998)
The

Nat'l

(citation
United

recognizes

Fire

Ins.

omitted)

States

accommodate

an

account

for

correct

a

clear

Hutchinson

v.

of

evidence

error

of

Staton,

(D.

F.R.D.

Md.

625,

1991);

in

403

marks

the

law

or

prevent

F.2d

v.

1076,

Koppers

Atkins

at

Circuit

v.

(S.D. Miss.

seeks

law;

(2)

to

or

(3)

to

injustice."

(4th

771

Cir.

Supp.

F.

1993)

1406,

LeTourneau

Co.,

130

1990)).

apparently

to

manifest

Co.,

Marathon

"(1)

trial;

1081

Cir.

omitted).

Fourth

controlling

available

626

because

he

believes

Supreme-El

the

contends

statute

conditions,

finds

relief

Court

under

applies

a

IFP

filings

district

28
to

to be

frivolous

must

a

U.S.C.

in

§

actions

the

clear

erred

third ground
error

to

dismiss

or malicious

of

law.

screening

his

1915(e)(2)

because

concerning

prison

"Under 28 U.S.C.A.

in addition

court

under

committed

Supreme-El is wrong.

which governs
prisoners,

only

Court

the

Particularized Complaint

court

for

not

Supreme-El

that

396,

quotation

Appeals

change

994

{citing Weyerhaeuser Corp.
1419

F.3d

for relief under Rule 59(e):

intervening

new

148

(internal

Court

three grounds

Co.,

§ 1915(e),

complaints

filed

an

that

action

or that

fails

by
the

to state

a

claim."

{4th

Michau v.

Cir.

Accordingly,

2006)

Charleston Cty.,

{citing

28

S.C.,

U.S.C.

434 F.3d 725,

§

728

1915{e)(2)(B)).

Supreme-El's Rule 59(e) Motion {ECF No.

23) will be

denied.

The

Clerk

is

directed

to

send a

copy of

the

Memorandum

Opinion to Supreme-El.
I t is so ORDERED.

/s/

l2.(Y

Robert E. Payne

Senior United States District Judge
Richmond, Virginia