Lee Malvo v. Harold Clarke, et al.

• Court: District Court, W.D. Virginia
• Decided: November 12, 2025
• Docket: 7:23-cv-00535
• Status: Unknown

Opinion

CLERK'S OFFICE U.S. DIST. CO AT HARRISONBURG, VA FILED IN THE UNITED STATES DISTRICT COURT November 12, 2025 FOR THE WESTERN DISTRICT OF VIRGINIA =| aura A. AUSTIN, CLER DEPUTY CLERK LEE MALVO, ) Plaintiff, ) Civil Action No. 7:23cv00535 ) v. ) OPINION and ORDER ) HAROLD CLARKE, et al., ) By: Robert S. Ballou Defendants. ) United States District Judge

Plaintiff Lee Malvo, a Virginia inmate proceeding pro se, has filed a Motion for Reconsideration of this court’s order entered September 15, 2025, dismissing Counts 1 and 4 of Malvo’s suit under 42 U.S.C. § 1983. Because Malvo has not identified any proper grounds for reconsideration, I will deny his motion. Rule 59(e) motions will be granted in three circumstances: (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. Ingle ex rel. Estate of Ingle v. Yelton, 439 F.3d 191, 197 (4th Cir. 2006). Malvo has alleged only that Counts 1 and 4 are “paramount” to his case. He has offered no evidence or argument that the law has changed or that the court’s decision involved a clear error of law. His Motion for Reconsideration (Dkt. No. 55) is DENIED.

Enter: November 11, 2025 lol Kole S: Ballow Robert S. Ballou United States District Judge