Muhammad v. U.S.

Full title: C. ELIIJAH HAKEEM MUHAMMAD, a/k/a CHRISTOPHER MITCHELL, Plaintiff, v…

Court: United States District Court, D. Colorado

Date published: Jan 5, 2009

Civil Action No. 07-cv-00830-WYD-KMT (D. Colo. Jan. 5, 2009)

Opinion

Civil Action No. 07-cv-00830-WYD-KMT.

January 5, 2009

ORDER

WILEY DANIEL, District Judge

THIS MATTER is before the Court on Plaintiff's Motion for Reconsideration Pursuant to Rule 59(e) (filed September 30, 2008). Plaintiff asserts that the Judgment should be vacated as he filed timely objections to the Recommendation that require de novo review of the Recommendation of Magistrate Judge Tafoya.

I deny the motion. While I found that the objections were late, I did consider them on the merits, conducted a de novo review of the Recommendation, and overruled the Objections by Order of September 30, 2008. Further, I find no grounds for altering or amending the judgment under Fed.R.Civ.P. 59(e). See Brumark Corp. v. Samson Resources Corp., 57 F.3d 941, 944 (10th Cir. 1995) (noting that the court should consider whether there has been an intervening change in the controlling law, new evidence, or the need to correct clear error or prevent manifest injustice in ruling on a motion to reconsider).

Accordingly, it is

ORDERED that Plaintiff's Motion for Reconsideration Pursuant to Rule 59(e) (filed September 30, 2008) is DENIED.