Cobbs v. Walker, No. 3:2021cv00663 - Document 38 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 6/22/22. (adun, )
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Cobbs v. Walker Doc. 38 Case 3:21-cv-00663-DJN-EWH Document 38 Filed 06/22/22 Page 1 of 2 PageID# 110 Dockets.Justia.com Case 3:21-cv-00663-DJN-EWH Document 38 Filed 06/22/22 Page 2 of 2 PageID# 111 twenty-eight days after the entry of judgment construed as Rule 59(e) motions (citing Dove v. CODESCO, 569 F.2d 807,809 (4th Cir. 1978))). The United States Court of Appeals for the Fourth Circuit has recognized three grounds for relief under Rule 59(e): "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to conect a clear error of law or prevent manifest injustice." Hutchinson v. Staton, 994 F.2d 1076,1081 (4th Cir. 1993) (citing Weyerhaeuser Corp. v. Koppers Co., 771 F. Supp. 1406,1419 (D. Md. 1991); Atkins v. Marathon LeTourneau Co., 130 F.R.D. 625,626 (S.D. Miss. 1990)). Here,it appears that relief is warranted in order to prevent manifest injustice. The Court dismissed the action without prejudice,because Plaintiff failed to keep the Court apprised of his current address. In his Motion for Reconsideration, Plaintiff represents that he was transferred to the Haynesville Correctional Center on March 17,2022 and promptly attempted to update the Court as to his new address. However,due to circumstances largely beyond his control,he was delayed in providing the Court with his new address. Accordingly, Plaintiffs Motion for Reconsideration (ECF No. 34) will be GRANTED. The April 22,2022 Memorandum Opinion and Order will be VACA TED. The Court WILL CONTINUE TO PROCESS the action. Let the Clerk file a copy of this Memorandum Opinion electronically and send a copy to Plaintiff. An appropriate Order shall issue. Isl Richmond, Virginia Dated: June 22, 2022 David J. Novak United States District Judge
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