French v. Disbrow

E.D. North Carolina

French v. Disbrow

CourtDistrict Court, E.D. North Carolina

DecidedMarch 15, 2022

Docket7:21-cv-00128

StatusUnknown

This text of French v. Disbrow (French v. Disbrow) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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French v. Disbrow, (E.D.N.C. 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:21-cv-00128-M

KENNETH E. FRENCH, ) ) Plaintiff, ) ) ORDER V. ) ) HONORABLE JASON C. DISBROW, ) ) Defendant. )

This matter comes before the court on Plaintiff's Pro Se Motion for Reconsideration of the Final Judgment [DE 18]. The Fourth Circuit has recognized three grounds for altering or amending an earlier judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure: “(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice.” Sloas v. CSX Transp., Inc., 616 F.3d 380, 385 n.2 (4th Cir. 2010) (quoting Hutchinson v. Staton, 994 F.2d 1076, 1081 (4th Cir. 1993)). The Plaintiff's motion does not invoke any of these three grounds for reconsideration nor does it satisfy them. The Plaintiff argues the judgment should be reconsidered because the Defendant was acting beyond his authority under the law and he is therefore being sued in his individual capacity. [DE 18]. The court’s January 7, 2022 order sufficiently addressed Defendant’s arguments. [DE 16]. For the reasons stated herein and in the court’s January 7, 2022 order, Plaintiff's motion is DENIED.

SO ORDERED this alr day of March, 2022. RICHARD MYERS I CHIEF UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:21-cv-00128-M

KENNETH E. FRENCH, ) ) Plaintiff, ) ) ORDER V. ) ) HONORABLE JASON C. DISBROW, ) ) Defendant. )

This matter comes before the court on Plaintiff's Pro Se Motion for Reconsideration of the Final Judgment [DE 18]. The Fourth Circuit has recognized three grounds for altering or amending an earlier judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure: “(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice.” Sloas v. CSX Transp., Inc., 616 F.3d 380, 385 n.2 (4th Cir. 2010) (quoting Hutchinson v. Staton, 994 F.2d 1076, 1081 (4th Cir. 1993)). The Plaintiff's motion does not invoke any of these three grounds for reconsideration nor does it satisfy them. The Plaintiff argues the judgment should be reconsidered because the Defendant was acting beyond his authority under the law and he is therefore being sued in his individual capacity. [DE 18]. The court’s January 7, 2022 order sufficiently addressed Defendant’s arguments. [DE 16]. For the reasons stated herein and in the court’s January 7, 2022 order, Plaintiff's motion is DENIED.

SO ORDERED this alr day of March, 2022. RICHARD MYERS I CHIEF UNITED STATES DISTRICT JUDGE

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French v. Disbrow, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-disbrow-nced-2022.

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