Scrivens v. Lesenbee et al, No. 4:2020cv01127 - Document 9 (E.D. Mo. 2021)
Court Description: OPINION, MEMORANDUM AND ORDER- IT IS HEREBY ORDERED that plaintiffs motion for reconsideration of December 11, 2020 Memorandum and Order and Order of Partial Dismissal [Doc. # 8 ] is DENIED.IT IS FURTHER ORDERED that an appeal of this Order shall not be taken in good faith.. Signed by District Judge Henry Edward Autrey on 1/20/2021. (AAT)
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Scrivens v. Lesenbee et al Doc. 9 Case: 4:20-cv-01127-SRW Doc. #: 9 Filed: 01/20/21 Page: 1 of 2 PageID #: 47 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SHAWN HENRY SCRIVENS, Plaintiff, v. RICK LESENBEE, et al., Defendents. ) ) ) ) ) ) ) ) ) No. 4:20-CV-1127 SRW OPINION, MEMORANDUM AND ORDER Before the Court is plaintiff’s motion for reconsideration of the Memorandum and Order and Order of Partial Dismissal entered on December 11, 2020. Plaintiff asserts that the official capacity claims against defendants Sheriff Rick Lesenbee, Jail Administrator Matt Schulz, Dr. Karen Doerry, Dr. Unknown Burris and Corporal Shane Rapaut should not have been dismissed from this action. He also asserts that the Court was mistaken when it dismissed the individual capacity claims against defendants Lesenbee, Schulz, Doerry and Rapaut for deliberate indifference to his medical needs. After reviewing the arguments raised by plaintiff, the Court will decline to alter or amend the judgment of this Court. The Court concludes that plaintiff’s motion fails to point to any manifest errors of law or fact, or any newly discovered evidence. Instead, the motion can be said to merely revisit old arguments which were addressed by the Court in its December 11, 2020 Memorandum and Order. Plaintiff is therefore not entitled to reconsideration of Order of Partial Dismissal in this matter, and his motion will be denied. Accordingly, Dockets.Justia.com Case: 4:20-cv-01127-SRW Doc. #: 9 Filed: 01/20/21 Page: 2 of 2 PageID #: 48 IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration of December 11, 2020 Memorandum and Order and Order of Partial Dismissal [Doc. #8] is DENIED. IT IS FURTHER ORDERED that an appeal of this Order shall not be taken in good faith. Dated this 20th day of January, 2021. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2
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