From Casetext: Smarter Legal Research

Dowling v. Sturgeon Elec.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Dec 8, 2011
Civil Case No. 10-cv-01118-REB-KMT (D. Colo. Dec. 8, 2011)

Opinion

Civil Case No. 10-cv-01118-REB-KMT

12-08-2011

THERESA L. DOWLING, Plaintiff, v. STURGEON ELECTRIC, WILLIAM LONG, and WILLIAM FREDRICKS, Defendants.


Judge Robert E. Blackburn


ORDER DENYING MOTION TO RECONSIDER

Blackburn , J.

The matter before me is the plaintiff's Motion To Reconsider Order Denying Plaintiff's Amended Objection [#211] filed December 5, 2011. The plaintiff seeks reconsideration of my Order Denying Relief Sought in Plaintiff's Amended Objection [#204] filed November 22, 2011. I deny the motion.

[#211]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.

Because plaintiff is proceeding pro se, I continue to construe her pleadings and other filings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519,520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)). However, I have not acted as an advocate for the plaintiff.
--------

The bases for granting reconsideration are extremely limited:

Grounds warranting a motion to reconsider include (1) an intervening change in the controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error or prevent manifest injustice. Thus, a motion for
reconsideration is appropriate where the court has misapprehended the facts, a party's position, or the controlling law. It is not appropriate to revisit issues already addressed or advance arguments that could have been raised in prior briefing.
Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (citations omitted). In her motion to reconsider [#211], the plaintiff offers nothing claiming or suggesting that any of these factors are implicated in my Order Denying Relief Sought in Plaintiff's Amended Objection [#204] filed November 22, 2011.

THEREFORE, IT IS ORDERED that the plaintiff's Motion To Reconsider Order Denying Plaintiff's Amended Objection [#211] filed December 5, 2011, is DENIED.

Dated December 8, 2011, at Denver, Colorado.

BY THE COURT:

Robert E. Blackburn

United States District Judge


Summaries of

Dowling v. Sturgeon Elec.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Dec 8, 2011
Civil Case No. 10-cv-01118-REB-KMT (D. Colo. Dec. 8, 2011)
Case details for

Dowling v. Sturgeon Elec.

Case Details

Full title:THERESA L. DOWLING, Plaintiff, v. STURGEON ELECTRIC, WILLIAM LONG, and…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 8, 2011

Citations

Civil Case No. 10-cv-01118-REB-KMT (D. Colo. Dec. 8, 2011)