Free Order on Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:06-cv-00780-JJF Document 9 Filed 05/01/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, z
Plaintiff, ;
v. ; Civ. No. 06-780-JJF
THIS CRIMINAL ORGANIZATION, ;
Defendant. ;
MEMORANDUM ORDER
WHEREAS, on April 3, 2007, Plaintiff filed a Motion For
Reconsideration of the Court’s February 20, 2007 Order denying
him leave to proceed in fgrma pauperis, pursuant to 28 U.S.C. §
1915(g), on the basis that three or more times in the past, while
incarcerated, Plaintiff filed a civil action or appeal in federal
court that was dismissed as frivolous, malicious, or for failure
to state a claim upon which relief may be granted (D.I. 5);
WHEREAS, the purpose of a Motion For Reconsideration is to y
“correct manifest errors of law or fact or to present newly E
discovered evidence,” Max’s Seafood Café v. Quinteros, 176 F.3d
669, 677 (3d Cir. 1999), and Plaintiff has not demonstrated (1)
an intervening change in the controlling law; (2) the
availability of new evidence that was not available previously; i
or (3) the need to correct a clear error of law or fact or to E
prevent manifest injustice. Id.; Dasilva v. Esmor Corr. i
Services, Inc., Nos. 03-3095, 03-3348, 03-4435, 05-4007, 03-3096, T
2006 WL 197610, at *3 (3rd Cir. Jan 27, 2006). W

Case 1:06-cv-00780-JJF D0cument9 Filed 05/01/2007 Page20f2
THEREFORE, at Wilmington this I day of May, 2007, IT IS
ORDERED that the motion for reconsideration (D.I. B)is DENIED and
the case remains CLOSED.
UNIT D S A'I' _ §f DISTRICT GE
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