Opinion
Civil Case No. 10-cv-02454-REB-MJW
08-11-2011
STEVEN ANTHONY VALLES, Plaintiff, v. B. CARNES, #195, W. KEAN, MIKE MILLER, and G. EARTHMAN, Defendants.
Judge Robert E. Blackburn
ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER
Blackburn, J.
This matter is before me on the plaintiff's Objection to the Dismissal Order that is Dismissing Defendant David Arcady [#13] filed December 22, 2010. The plaintiff objects to the court's order [#7] in which the court dismissed the plaintiff's claims against David Arcady.
"[#13]" 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.
I read the plaintiff's filing as a motion under FED. R. CIV. P. 60(b) for relief from the court's order [#7] dismissing the plaintiff's claims against David Arcady. Rule 60(b) requires a showing of exceptional circumstances warranting relief from a judgment or order. Van Skiver v. United States, 952 F.2d 1241, 1243 (10th Cir. 1991). A litigant shows exceptional circumstances by satisfying one or more of the grounds for relief enumerated in Rule 60(b). Id. at 1243-44. In his motion, the plaintiff does not satisfy any of the grounds for relief enumerated in Rule 60(b).
Alternatively, the plaintiff's motion might be read as a motion to reconsider. The bases for granting reconsideration are extremely limited:
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. It is not appropriate to revisit issues already addressed or advance arguments that could have been raised in prior briefing.Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (citations omitted). Plaintiff does not establish any of these bases.
THEREFORE, IT IS ORDERED that the plaintiff's Objection to the Dismissal Order that is Dismissing Defendant David Arcady [#13] filed December 22, 2010, whether read as a motion under FED. R. CIV. P. 60(b) or as a motion to reconsider, is DENIED.
Dated August 11, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge