Demarie v. Michaels

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION DARREN C. DEMARIE, CV-21-0008-H-SEH Plaintiff, □ - vs. ORDER REGINALD MICHAEL, LYNN GUYER, JAMES SALMONSEN, CHRISTINE KLANECKY, and PETER BLUDWORTH, Defendants.

The Court dismissed Darren C. DeMarie’s (“DeMarie”) complaint under 42 U.S.C. § 1983 on July 1, 2021 for failure to state a claim for relief.! Judgment was entered.” On July 12, 2021, DeMarie moved to alter or amend the judgment, citing Fed. R. Civ. P. 59(e) and contending the Court based its decision on a manifest error of law or fact.

The court enjoys considerable discretion in granting or denying the sparingly granted extraordinary remedy of amendment of judgment.

8.

Doc. 9.

3 McDowell v. Claderon, 197 F. 3d 1253, 1255 n. 1 (9" Cir. 1999) (en banc) (per curiam).

Deficiencies in complaint cannot be remedied by amendment. No valid basis under Fed. R. Civ. P. 59(e), to alter or amend the judgment is shown.

ORDERED: DeMarie’s Motion to Alter or Amend? is DENIED.

DATED this 20 ty of July, 2021. enuf Leben Sam E. Haddon United States District Court Judge Doc. 10.