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- ilcd;;3:16-cv-03010_de25 RegisterActionDate "2016-08-03" @default.
- ilcd;;3:16-cv-03010_de25 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 8/3/16. Plaintiff filed a Motion to Reconsider the Court's Merit Review Order dismissing his case 23 . The Court considers Plaintiff's motion under Rule 59(e) of the Federal Rules of Civil Procedure. A motion to alter or amend a judgment pursuant to Rule 59(e) "is permissible when there is newly discovered evidence or there has been a manifest error of law or fact." Harrington v. City of Chi., 433 F.3d 542, 546 (7th Cir. 2006). Motions under Rule 59(e) should only be granted in rare circumstances. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir.1990). In his motion, Plaintiff alleges that, in addition to the allegations in his Complaint, he was also required to wear an ankle bracelet for electronic monitoring and that he would not have signed his contract of parole had prison officials not misrepresented that he would be living in a nursing facility. Plaintiff stated that he did not think these facts were relevant before the Court's Merit Review Order was issued, but does not otherwise explain why he could not have presented these facts sooner. Nonetheless, the new allegations are not sufficient to state a constitutional or Americans with Disabilities Act claim. At best, Plaintiff now alleges that prison officials were negligent in assigning him to the Rainbow House, and that they fraudulently induced him into signing a parole contract. Whatever rights Plaintiff may have under state law notwithstanding, Plaintiff has failed to produce any facts or law that would cause the Court to change its previous ruling. Therefore, Plaintiff's motion 23 is DENIED.(FDT, ilcd) (Entered: 08/03/2016)" @default.
- ilcd;;3:16-cv-03010_de25 AdministrativeID "None" @default.
- ilcd;;3:16-cv-03010_de25 hasJudgeReference SJ001502 @default.
- ilcd;;3:16-cv-03010_de25 hasReferenceToOtherEntry ilcd;;3:16-cv-03010_de24 @default.