Opinion
Civil Case No. 06-cv-00564-REB-CBS.
November 22, 2006
The matter before me is Plaintiffs' Motion for a Rehearing In Re: The Court's Adoption of the Magistrate's Report and Recommendation That the Case Be Dismissed And for Findings of Fact and Conclusions of Law [#119] filed October 13, 2006. Defendant Powell filed a response, see [#124], and plaintiffs filed a reply, see [#128]. I deny the motion.
Plaintiffs seek reconsideration of my Order Approving and Adopting Recommendation of United States Magistrate Judge [#116] entered October 3, 2006. "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." Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (citations omitted). None of these grounds is circumstantiated here. Quintessentially, plaintiffs' motion is nothing more than a festooned reiteration of reasons stated, arguments advanced, and authorities cited previously. Thus, plaintiffs' motion should be denied.
THEREFORE, IT IS ORDERED that Plaintiffs' Motion for a Rehearing In Re: The Court's Adoption of the Magistrate's Report and Recommendation That the Case Be Dismissed And for Findings of Fact and Conclusions of Law [#119] filed October 13, 2006, IS DENIED.