Yi Sun v. Laura Taylor Swain, et al.

Summary

The United States District Court for the District of Columbia denies Yi Sun’s motion to reconsider the dismissal of her pro se action. The court concludes that she identifies no intervening change in law, new evidence, clear error, or manifest injustice, and does not challenge the previously identified grounds for dismissal, including lack of personal jurisdiction, improper service, sovereign immunity, failure to exhaust, judicial immunity, and limits on review of other federal district court decisions.

Holdings

1. A Rule 59(e) motion is discretionary and should not be granted absent an intervening change in controlling law, newly available evidence, or a need to correct clear error or prevent manifest injustice.
2. Rule 59(e) is not a vehicle for presenting a new legal theory that was available before judgment.

Questions Presented

1. Whether Plaintiff satisfied the stringent standard for reconsideration under Federal Rule of Civil Procedure 59(e).
2. Whether Plaintiff identified an intervening change in controlling law, newly available evidence, clear error, or manifest injustice warranting alteration or amendment of the judgment.
3. Whether Plaintiff could use a Rule 59(e) motion to present a new legal theory that was available before judgment.

Disposition

denied