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

Case 1:08-cv-00265-SLR Document 17 Filed 08/27/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNETH T. DEPUTY, )
Plaintiff, g
v. g Civ. No. 08-265-SLR
DEPUTY ATTORNEY GENERAL g
JOHN WILLIAMS, JUDGE ROBERT )
B. YOUNG, JUSTICE CAROLYN )
BERGER, JUSTICE RANDY )
HOLLAND, and JUSTICE JACK )
JACOBS, )
Defendants. g
O R D E R
At Wilmington this J·l"*‘ day of August, 2008, having considered plaintiffs
motion for reconsideration;
IT IS ORDERED that the motion (D.l. 13) is denied for the following reasons:
1. The purpose of a motion for reconsideration is to "correct manifest errors of
law or fact or to present newly discovered evidence." Max’s Seafood Café ex rel. Lou-
Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999). Accordingly, a court may alter
or amend its judgment if the movant demonstrates at least one of the following: (1) a
change in the controlling law; (2) availability of new evidence not available when
summary judgment was granted; or (3) a need to correct a clear error of law or fact or to
prevent manifest injustice. ge gi;
2. Plaintiff argues, as one of his grounds for reconsideration, that the court
overlooked the claim raised under 42 U.S.C. § 1986. The court found that all

Case 1:08-cv-00265-SLR Document 17 Filed 08/27/2008 Page 2 of 2
defendants were immune from suit. In order to state a claim under § 1986, there must
be a cognizable 42 U.S.C. 1985 claim. Robison v. Canterbury Vill., Inc., 848 F.2d 424,
431 n. 10 (3d Cir. 1988); Brawer v. Horowitz, 535 F.2d 830, 841 (3d Cir. 1976).
inasmuch as plaintiff failed to allege a cognizable § 1985 violation, there was no need
for the court to address any alleged claim under § 1986. Plaintiffs other grounds for
reconsideration do not merit discussion.
3. Plaintiff has failed to demonstrate any of the aforementioned grounds to
warrant a reconsideration of the court’s July 21, 2008 order dismissing plaintiffs case.
XL., gig
UNITED STAT DISTRICT JUDGE

Case 1:08-cv-00265-SLR

Document 17

Filed 08/27/2008

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Case 1:08-cv-00265-SLR

Document 17

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