Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:04-cv-01205-SLR Document 109 Filed 02/27/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEFFERY ALONZO SIMMS, )
Plaintiff, l
v. ) Civ. No. 04-1205-SLR
HARRY M. FREEMAN, M D., )
ROBERTA F. BURNS, M.D., )
MAJOR R.L. HUGHES, )
Defendants. )
)
MEMORANDUM ORDER
At Wilmington this &W*Eay of February, 2007, having
considered plaintiff’s motion to reconsider the court’s order
granting defendant’s motion to dismiss and motions for summary
judgment (D.I. 105) and the papers submitted in connection
therewith;
IT IS ORDERED that plaintiff’s motion for reconsideration
(D.I. 106) is denied for the following reasons:
1. “Rule 59(e) of the Federal Rules of Civil Procedure
gives a party the right to file a motion to reconsider, provided
that motion is timely.” In re Sharon Steel Corp., 918 F.2d 434,
436 (3d Cir. 1990). A motion for reconsideration is timely when
filed within 10 days of the court's decision or opinion. Fed. R.
Civ. P. 59(e).

Case 1:04-cv—01205—SLR Document 109 Filed 02/27/2007 Page 2 of 2
2. This court's memorandum opinion and accompanying order
granting summary judgment in favor of the various defendants were
issued on October 23, 2006. (D.I. 104, 105) Plaintiff did not
file a motion to reconsider until November 14, 2006. (D.1. 106)
Accordingly, plaintiff failed to file his motion for
reconsideration in a timely manner; said motion, therefore is
denied.
United Statgg District Judge
2