Opinion

MCGOFFNEY v. SWEENEY

Court
District Court, S.D. Indiana
Filed
Mar 27, 2025
Cited by
0 cases
Authority
More cited than 34.6%

holding that a complaint is frivolous under § 1915 "where it lacks an arguable basis either in law or in fact"

How later courts described this case

  • holding that a complaint is frivolous under § 1915 "where it lacks an arguable basis either in law or in fact"

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

TERRE HAUTE DIVISION

KELLY MCGOFFNEY, )

)

Plaintiff, )

)

v. ) No. 2:24-cv-00572-JPH-MJD

)

JAMES R. SWEENEY, II, )

TANYA WALTON-PRATT, )

)

Defendants. )

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION

On January 21, 2025, the Court entered final judgment and dismissed

this case because Judge Sweeney and Chief Judge Pratt are entitled to judicial

immunity. Dkts. 12, 13. On February 13, Plaintiff Kelly McGoffney filed a

motion for reconsideration. Dkt. [14]. The Court evaluates Ms. McGoffney's

motion under Federal Rule of Civil Procedure 59(e) because she filed it within

twenty-eight days of the Court's dismissal Order. See Carlson v. CSX Transp.,

Inc., 758 F.3d 819, 825–26 (7th Cir. 2014).

"Rule 59(e) allows a party to direct the district court's attention to newly

discovered material evidence or a manifest error of law or fact, and enables the

court to correct its own errors and thus avoid unnecessary appellate

procedures." Moro v. Shell Oil Co., 91 F.3d 872, 876 (7th Cir. 1996). A

manifest error occurs when a district court commits a "wholesale disregard,

misapplication, or failure to recognize controlling precedent." Burritt v.

Ditlefsen, 807 F.3d 239, 253 (7th Cir. 2015). The rule is not "a vehicle for a

party to undo its own procedural failures, and it certainly does not allow a

party to introduce new evidence or advance arguments that could and should

have been presented to the district court prior to the judgment." Moro, 91 F.3d

at 876. So, to prevail on her Rule 59(e) motion, Ms. McGoffney must "clearly

establish" that "there is newly discovered evidence or that there has been a

manifest error of law or fact." Harrington v. City of Chicago, 433 F.3d 542, 546

(7th Cir. 2006).

She has not done so. In her filing, Ms. McGoffney does not point to any

newly discovered evidence. She also has not demonstrated that the Court

made a manifest error of law or fact in dismissing this case as frivolous. She

raises a variety of arguments, see dkt. 14 at 6–18, but none of them explain

why Judge Sweeney would not be entitled to immunity for his decisions in Ms.

McGoffney's civil rights action. She also makes no factual allegations against

Chief Judge Pratt. Id. Finally, she argues that the Court erred by failing to

issue a separate final judgment pursuant to Federal Rule of Civil Procedure 58.

Dkt. 14 at 6–7. Not so. The Court issued a separate final judgment

simultaneous with the dismissal Order. Dkt. 13. In sum, the Court did not

make a manifest error of law or fact in dismissing Ms. McGoffney's case as

frivolous. See Denton v. Hernandez, 504 U.S. 25, 31 (1992) (holding that a

complaint is frivolous under § 1915 "where it lacks an arguable basis either in

law or in fact").

Therefore, Ms. McGoffney's motion for reconsideration, dkt. [14], is

DENIED. Her request to convene a three-judge panel is denied for the same

reasons. This case remains closed.

SO ORDERED.

Date: 3/27/2025 amu Patrick \tanlore

James Patrick Hanlon

United States District Judge

Southern District of Indiana

Distribution:

KELLY MCGOFFNEY

P.O. Box 10425

Terre Haute, IN 47801

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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