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

Case 1:08-cv-00083-SLR Document 10 Filed 07/21/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DORIAN D. WAINER, )
Plaintiff, g
v. g Civ. N0. 08-083-SLR
KATHY AMALFITANO, et al., g
Defendants. g
O R D E R
At Wilmington this ICM" day of July, 2008, having considered plaintiffs
motion for reconsideration;
lT IS ORDERED that plaintiffs motion (D.l. 9) is denied for the reasons that
follow.
1. Plaintiff, an inmate housed at the Delaware Correctional Center, proceeds pro
se and was granted leave to proceed without prepayment of fees. At the time he filed
suit, the court assessed a $350.00 filing fee as required by 28 U.S.C. § 1914 and §
1915. (D.l. 4)
2. Plaintiff’s case was dismissed for failure to state a claim upon which relief can
be granted. (D.l. 6) He moved for reimbursement of monies paid toward the filing fee.
D.l. 7) On June 23, 2008, the court denied his request, concluding, in part, that
ection 1915 provides that if a prisoner brings a civil action in forma pauperis, he shall
required to pay the full amount of the filing fee. (D.l. 8)
3. Plaintiff moves for reconsideration and requests that his filing fee be returned

Case 1:08-cv-00083-SLR Document 10 Filed 07/21/2008 Page 2 of 2
so that he may purchase personal care products. (D.l. 9)
4. The purpose of a motion for reconsideration is to "correct manifest errors of
law or fact or to present newly discovered evidence." l\/Iax’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. _&a_e g
5. Plaintiff has failed to demonstrate any of the aforementioned grounds to
warrant a reconsideration of the court's June 23, 2008 order.
United Statg District Judge
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Case 1:08-cv-00083-SLR

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