Patrick Stewart v. Jeff Zmuda, et al.

Summary

The United States District Court for the District of Kansas denied Patrick Stewart’s motion for reconsideration of the dismissal of his pro se 42 U.S.C. § 1983 action. Treating the motion as one under Federal Rule of Civil Procedure 59(e), the court found no intervening change in law, newly available evidence, clear error, or manifest injustice.

Holdings

1. A motion for reconsideration filed within 28 days after entry of a judgment is treated as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e).
2. Relief under Rule 59(e) was unwarranted because Plaintiff identified no intervening change in controlling law or new evidence and did not demonstrate clear error or manifest injustice; repeating previously made arguments or advancing arguments that could have been raised earlier does not satisfy the Rule 59(e) standard.

Questions Presented

1. Whether Plaintiff's timely motion for reconsideration should be treated as a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Plaintiff established an intervening change in controlling law, newly available evidence, clear error, or manifest injustice warranting relief under Rule 59(e).

Disposition

other