xxx


Page 1

Page 2

Order Denying Motion To Reconsider, filed 11/15/99, Robert C. Ballew v. United States Department of Justice, et.al., Civil Action No. 4:99 CV-406 Y, In The United States District Court For The Norther District of Texas, Fort Worth Division, by Terry R. Means, District Judge.


Page 1:

        Pending before the Court is Plaintiff's Motion To Reconsider Dismissal of the Case, file October 12, 1999 (doc. # 21-1). Having carefully considered the motion, the Court finds it should be DENIED.

        A motion for reconsideration must be based either opon Federal Rules of Civil Procedure 59(e), providing for a motion to alter or amend judgement, or upon Rule 60(b1), providing for a motion for relief from judgement. See School District(to be completed... unreadable caselaw references...) Both rules have been interpreted to allow reconsideration on specific grounds and a party may not simply rehash arguments made during the original consideration of the motion nor assert new arguments that could have been made at the time of the original filings on the point. See (to be completed... unreadable caselaw references...) In the present case, Plaintiff bases his motion upon Rule 59(e).
        Except under "highly unusual" circumstances reconsideration

Page 2:

under 59(e) "is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." Multnomah County, 5 F.3d at 1263. A Rule 59(e) motion must be filed within 10 days of the entry of judgement. See Fed. R. Civ. P. 59(e).

        Here, Plaintiff has neither cited controlling legal authority nor alleged new evidence in support of his claim that reconsideration is warranted under these circumstances. The requirements of Rule 59(e) have not been met. Therefore, Plaintiff's Motion For Reconsideration is DENIED.

        SO ORDERED.

        SIGNED November 12, 1999.

  _________ (SIGNATURE) _________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

TRM/val