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

Case 1:07-cv-00558-SLR Document 10 Filed 06/06/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH SELBY, )
Plaintiff, g
v. g Civ. N0. 07-558-SLR
C.M.S. and JIM WELCH, g
Defendants. g
O R D E R
At Wilmington this ‘\)\Y`day of June, 2008, having reviewed plaintiffs letter/motion
for reconsideration;
IT IS ORDERED that the motion (D.I. 9) is denied, for the reasons that follow:
1. Plaintiff tiled a civil rights complaint alleging deliberate indifference to his
serious medical needs. (D.l. 2) On February 19, 2008, the court dismissed the
complaint for failure to state a claim and as frivolous pursuant to 28 U.S.C. §
1915(e)(2)(B) and § 1915A(b)(1). (D.l. 8)
2. Plaintiff mistakenly believes that the case was dismissed for his failure to
return an authorization form and asks that the case be reopened. (D.l. 9) On
November 13, 2007, the case was dismissed for failure to timely return an authorization
form. (D.l. 5) However, it was reopened following plaintiffs submission of the required
form. (D.I. 7) Following the reopening of the case, the complaint was screened
pursuant to 28 U.S.C. § 1915A.
3. Plaintiffs has not shown (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-00558-SLR Document 10 Filed 06/06/2008 Page 2 of 2
Max's Seafood Café v. Quinteros, 176 F .3d 669, 677 (3d Cir. 1999). Therefore, he has
not demonstrated any of the grounds necessary to warrant reconsideration.
LINITED STATES%|STR|CT JUDGE

Case 1:07-cv-00558-SLR

Document 10

Filed 06/06/2008

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Case 1:07-cv-00558-SLR

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