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Johnson v. Tennis

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 11, 2009

JESSE O. JOHNSON, JR., PETITIONER
v.
FRANKLIN J. TENNIS, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 11th day of May, 2009, upon consideration of pro se petitioner's motion (Doc. 39) to rescind the order of court (Doc. 34) dated April 28, 2009, wherein petitioner's motion to strike (Doc. 29) was deemed withdrawn without prejudice,*fn1 (see Doc. 34), and the court concluding that petitioner identifies no manifest errors of law or fact in support of his motion (Doc. 39) to rescind, see Harsco Corp. v. Zlotniki, 779 F.2d 906, 909 (3d Cir. 1985) ("The purpose of a motion for reconsideration is to correct manifest errors of law or fact or to present newly discovered evidence . . . ."); see also Max's Seafood Café by Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999), it is hereby ORDERED that the motion (Doc. 39) to rescind the order of court (Doc. 34) dated April 28, 2009 is CONSTRUED as a motion for reconsideration, and is DENIED as so construed.

CHRISTOPHER C. CONNER United States District Judge


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