Havens v. Tallahatchie County Sheriff's Department

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

OXFORD DIVISION

ROGER HAVENS PLAINTIFF v. No. 3:19CV225-RP TALLAHATCHIE COUNTY SHERIFF’S DEPT.

SHERIFF WILLIAM L. BREWER

DEPUTY SHERIFF TIMOTHY COLE

DEPUTY SHERIFF BENJI MCKINNEY

MELINDA MORGAN (SHERIFF’S FRIEND)

STEVE SIMMONS

PETE GRIFFEN DEFENDANTS ORDER DENYING PLAINTIFF’S MOTION [21]

TO ALTER OR AMEND JUDGMENT

This matter comes before the court on the plaintiff’s motion for reconsideration of the court’s judgment [14] dismissing various claims and defendants from this case. The court interprets the motion, using the liberal standard for pro se litigants set forth in Haines v. Kerner, 404 U.S. 519 (1972), as a motion to amend judgment under Fed. R. Civ. P. 59(e), which must be filed within 28 days of entry of judgment. An order granting relief under Rule 59(e) is appropriate when: (1) there has been an intervening change in the controlling law, (2) where the movant presents newly discovered evidence that was previously unavailable, or (3) to correct a manifest error of law or fact. Schiller v. Physicians Res. Grp. Inc., 342 F.3d 563, 567 (5th Cir. 2003). The plaintiff has neither asserted nor proven any of the justifications to amend a judgment under Fed. R. Civ. P. 59(e). As such, the plaintiff’s request to alter or amend judgment is DENIED.

SO ORDERED, this, the 23rd day of March, 2021.

/s/ Roy Percy

UNITED STATES MAGISTRATE JUDGE