Evans v. Lee.

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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COU NTY C OUR THO USE RESIDENT JUDGE ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 November 3, 2009 Augustus Hebrew Evans, Jr. SBI No. 0019 Howard Young Correctional Institution 1301 East 12th Street Wilmington, DE 19809 RE: Civil Action No. 07C-03-009 THG Augustus Hebrew Evans, Jr. v. Sgt. Thomas Lee Dear Mr. Evans: A Motion to Reargue must be filed within five (5) days of the Court s decision, excluding weekends. Your Motion was mailed on the fifth day, (October 28, 2009) but not received and thus filed until October 29, 2009. See Superior Court Civil Rule 59(e). There are no special rules for you and I am barred by Rule 6(b) from enlarging the fiveday period. After five days, I lose jurisdiction. Regardless, your re-argument is nothing more than a repeat of your previous positions. The Motion for Reargument is denied. IT IS SO ORDERED. Yours very truly, /s/ T. Henley Graves T. Henley Graves THG:baj cc: Prothonotary Daniel A. Griffith, Esquire

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