Ayatollah Hylton v. Chivone Janee Hylton, et al.

Summary

The United States Magistrate Judge recommends denying Plaintiff Ayatollah Hylton’s motion to alter or amend the judgment. The recommendation concludes that Plaintiff failed to identify a basis for reconsideration and had already received multiple opportunities to amend the complaint. It also recommends denying as moot Plaintiff’s request for judicial notice.

Holdings

1. Plaintiff did not present an intervening change in controlling law, newly available evidence, clear error, or manifest injustice warranting reconsideration; the magistrate judge therefore recommended denial of the Motion to Alter or Amend Judgment.
2. The court may deny further leave to amend when a plaintiff has failed to cure deficiencies despite receiving an opportunity to do so; because Plaintiff had filed three deficient complaints and had received multiple opportunities to amend, another opportunity was not warranted.

Questions Presented

1. Whether Plaintiff established grounds for altering or amending the judgment dismissing the Second Amended Complaint with prejudice.
2. Whether Plaintiff should receive another opportunity to amend the Complaint after filing three deficient versions.
3. Whether Plaintiff's Request for Judicial Notice should be denied as moot.

Disposition

other