Opinion
Civil Case No. 07-cv-00750-REB-KMT
02-12-2014
DONALD ALTON HARPER, Plaintiff, v. P. URBANO, P.A., and NORMAN S. ROSENTHAL, M.D., Defendants.
Judge Robert E. Blackburn
ORDER DENYING MOTION TO REOPEN
Blackburn, J.
This matter is before me on the filing captioned On Motion Requesting To Reopen Pursuant To Federal Rule Civil Procedure Clear Error [#206] filed August 5, 2013. I deny the motion.
"[#206]" 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.
The plaintiff, Don Harper, is acting pro se. Therefore, I construe his filings generously and with the leniency due pro se litigants. See Erickson v. Pardus, 551 U.S. 89, ___, 127 S. Ct. 2197, 2200 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Reading the motion of Mr. Harper generously, I construe it as a motion for post-judgment relief under FED. R. CIV. P. 59(e) or 60(b).
In his motion, Mr. Harper appears to contend that payments for filing fees in another case or cases and, possibly, in this case continue to be deducted from his prison account. He contends that an order dated May 20, 2007, which requires him to make monthly payments of twenty percent (20%) is in error. He mentions also Civil Action No. 05-cv-00610-ZLW, but that case did not involve Mr. Harper. Mr. Harper cites no specific facts that implicate any error in the execution of the orders entered in this case and no specific facts or arguments that indicate that any of the orders entered in this case are in error.
"(A) Rule 59(e) motion is normally granted only to correct manifest errors of law or to present newly discovered evidence." Jennings v. Rivers, 394 F.3d 850, 854 (10th Cir.2005) (internal quotation omitted). In his motion, Mr. Harper has demonstrated neither a manifest error of law nor the need to present newly discovered evidence. Rule 60(b) lists six bases on which a party may seek relief from a final judgment. Having considered the motion of Mr. Harper, I find that he has not cited or circumstantiated any valid grounds for relief from judgment under Rule 60(b).
THEREFORE, IT IS ORDERED that the motion stated in the filing captioned On Motion Requesting To Reopen Pursuant To Federal Rule Civil Procedure Clear Error [#206] filed August 5, 2013, is DENIED.
Dated February 12, 2014, at Denver, Colorado.
BY THE COURT:
__________
Robert E. Blackburn
United States District Judge