United States District Court, Western District of Pennsylvania
August 19, 2014
EDWIN RODRIGUEZ, Plaintiff,
S.C.I. SOMERSET, et al., Defendants
REPORT AND RECOMMENDATION
Keith A. Pesto, United States Magistrate Judge
Plaintiffs "Motion For Reconsideration..." at docket no. 8, see Fed.R.Civ.P. 59, was referred to me under 28 U.S.C.§ 536(b)(3). The motion should be denied.
Plaintiff does not suggest an intervening change in controlling law or the availability of new evidence, and does not show the need to correct a clear error of law or prevent manifest injustice. See Wiest v. Lynch, 710 F.3d 121, 128 (3d Cir.2013) (discussing three purposes of motion under Fed.R.Civ.P. 59). The motion simply argues the court was wrong in finding his complaint inadequate to state a federal claim.
Pursuant to 28 U.S.C.S 636(b)(1), the parties are given notice that they have fourteen days to serve and file written objections to this Report and Recommendation.