Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07-cv—00O72-SLR Document 9 Filed O3/30/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STEVEN PATRICK THOMPSON, ) `
Plaintiff, g
v. g Civil Action No. 07-72-SLR
TARGET STORES INC., g
Defendant. ;
MEMORANDUM ORDER
At Vwlmington thiszwday of March, 2007, having reviewed the letter/motion for
reconsideration, IT IS ORDERED that the motion (D.l. 8) is denied for the reasons that
follow:
1. Background. Plaintiff, who appears pro se, tiled this employment
discrimination case against defendant Target Stores Inc. (D.l. 2) He sought, and was
denied, in forma pauperis status based upon his annual income (i.e., $27, 800).
Plaintiff now seeks reconsideration of the order denying him in forma pauperis status.
(D.l. 8)
2. Standard of Review. The standard for obtaining relief under Rule 59(e) is
difficult for plaintiff to meet. The purpose of a motion for reconsideration is to correct
manifest errors of law or fact or to present newly discovered evidence. Harsco Corp. v.
gptgglg, 779 F.2d 908, 909 (3d Cir. 1985). A motion for reconsideration may be
granted if the moving party shows: (1) an intervening change in the controlling law; (2)
the availability of new evidence that was not available when the court issued its order;
or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.

Case 1:07-cv—00O72-SLB Document 9 Filed O3/30/2007 Page 2 of 3
ll/lax’s Seafood Cafe v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999).
3. A motion for reconsideration is not properly grounded on a request that a
court rethink a decision already made. E Glendon Energy Co. v. Borough of
Glendon, 836 F.Supp. 1109, 1122 (E. D. Pa. 1993). Motions for reargument or
reconsideration may not be used "as a means to argue new facts or issues that
inexcusably were not presented to the coun in the matter previously decided."
Brambles USA, Inc. v. Blocker, 735 F.Supp. 1239, 1240 (D. Del. 1990). Reargument,
however, may be appropriate where "the Court has patently misunderstood a party, or
has made a decision outside the adversarial issues presented to the Court by the
parties, or has made an error not of reasoning but of apprehension? Brambles USA,
735 F. Supp. at 1241 (D. Del. 1990) (citations omitted); _S_e_e als_g_ D. Del. LR 7.1.5.
4. Discussion. Plaintiff asks the court to reconsider its decision denying him in
forma pauperis status on the basis that the court’s order referred only to his salary and
did not review his expenses. Whether to grant or deny an in forma pauperis petition
lies within the sound discretion of the trial court. Jones v. Zimmerman, 752 F .2d 76, 78
(3d Cir. 1985). The court considers (1) whether plaintiff is employed; (2) plaintiffs
annual salary; and (3) any other property or assets the plaintiff may possess. Sega gg;
Adkins v. E.l. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (detailing economic
standards to be employed in deciding in forma pauperis applications); United States v.
Sglggf, 354 F. Supp. 450 (E.D. Pa. 1973). The right to proceed in forma pauperis,
particularly in pro se cases, should generally be granted where the required affidavit of
poverty is filed, except in extreme circumstances. Sinwell v. Shapp, 536 F.2d 15, 19
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Case 1:07-cv—O0O72-SLR Document 9 Filed O3/30/2007 Page 3 of 3
(3d Cir. 1976), (citing Lockhart v. D‘Urso, 408 F.2d 354 (3d Cir. 1969).
Notably, plaintiffs monthly income exceeds his months expenses. The court
also notes that plaintiff includes in his monthly expenses $100.00 for recreation and
$100.00 for entertainment. Based upon plaintiffs affidavit and motion, the $350.00
filing fee to commence an action would not impose a great hardship. There is no need
to correct a clear error of law or fact or to prevent manifest injustice. Moreover, plaintiff
has not demonstrated any of the grounds necessary to warrant reconsideration and,
therefore, his motion will be denied. Finally, plaintiff complains of his inability to pay the
filing fee, yet he paid the fee on March 19, 2007.
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