Opinion
No. 1:03-cv-108.
September 3, 2004
MEMORANDUM AND ORDER
Currently pending before the Court is Bobby R. Splawn's ("Splawn") motion to alter or amend judgment pursuant to Fed.R.Civ.P. 59(e). [Court File No. 17]. Splawn seeks reconsideration of the Court's judgment entered August 3, 2004, which granted summary judgment to the United States of America. [Court File No. 16]. The government opposes this motion. [Court File No. 19].
A motion to alter or amend may be granted if there is a clear error of law, newly discovered evidence, an intervening change in controlling law, or to prevent manifest injustice. GenCorp, Inc. v. American Intern. Underwriters, 178 F.3d 804, 834 (6th Cir. 1999). Upon a through review of Splawn's motion and supporting brief [Court File Nos. 17, 18], the Court finds that none these factors are present in this case.
Splawn's brief in support of his motion [Court File No. 18] does not identify any error of law, newly discovered evidence, intervening chance in controlling law, or manifest injustice. In fact, the one page and three line brief fails to cite a case or refer to any document other than the plaintiff's own affidavit [Court File No. 14], which was fully considered prior to issuance of the August 3, 2004 judgment.
Accordingly, Splawn's Rule 59(e) motion to alter or amend [Court File No. 17] is DENIED.
SO ORDERED.