Morrow v. Harkleroad

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Petitioner’s motion pursuant to Federal Rule of Civil Procedure 59(e) to alter or amend judgment. Respondent has filed a response. For the reasons stated herein, the motion is denied.

Rule 59 does not provide a standard for determining whether the relief of altering or amending a judgment is warranted. However, Fourth Circuit precedent has established three grounds for modifying an earlier judgment: (1) to accommodate an intervening change in law; (2) to account for new evidence not available at trial; or (3)…