Opinion
Case No. 08-15077.
March 26, 2010
OPINION AND ORDER
Robert Siler ("Plaintiff"), a former state prisoner, filed this civil action against defendants pursuant to 42 U.S.C. § 1983 on December 9, 2008. In his complaint, Plaintiff alleges that defendants violated his Eighth Amendment rights when he was denied medical treatment after he fell out of his bed, hit his head on the concrete floor, and aggravated a pre-existing spinal injury on July 28, 2008. On March 16, 2010, this Court issued an Opinion and Order ("Opinion") denying, in part, Defendant Baldwin's motion for summary judgment. On March 24, 2010, Baldwin filed a motion for reconsideration of the partial denial of her motion for summary judgment.
I. Standard of Review
II. Analysis
Fleck v. Titan Tire Corp.,177 F. Supp. 2d 605624Pakideh v. Ahadi,99 F. Supp. 2d 805809Durkin v. Taylor,444 F. Supp. 879889 Id. (See July 25, 2008, (See before after.
After receiving Baldwin's reply brief and before issuing the Opinion, the Court checked and re-checked the exhibit cited by Baldwin. Having reviewed the evidence again, the Court remains unconvinced that a document dated July 25, 2008, reflects a physical examination on July 28, 2008 — the date of Plaintiff's injury complaint. Baldwin has offered no evidence to suggest that the date reflected in the physicians notes was recorded in error.
The remainder of Baldwin's motion for reconsideration is premised on the assumption that Plaintiff received medical care less than three hours after contacting Baldwin on July 28, 2008, and merely presents further elaborations of arguments submitted to the Court in prior briefing. Because the record evidence fails to support Baldwin's claim regarding the provision of health services or to establish any other palpable defect, there is no basis for the Court to alter or amend the previous Opinion.
Accordingly,
IT IS ORDERED that Baldwin's Motion for Reconsideration is DENIED.