FRANK D. WHITNEY, Chief District Judge.
The pro se Plaintiff is presently serving a 28-year term of imprisonment for a 2008 North Carolina second-degree murder conviction. Plaintiff alleges in his complaint, which was post-marked September 18, 2015, and docketed on September 22, 2015, that he was subjected to excessive force by one or more of the defendants. (Doc. No. 1). Plaintiff alleges in the complaint that he filed a grievance regarding the incident on May 26, 2015, and that he "appealed on 7-16-15 to the secretary and as of 9-17-15 I haven't received a response." (Doc. No. 1 at 2). The Court ordered Plaintiff to file either a sworn statement under penalty of perjury or a copy of the grievance demonstrating exhaustion. (Doc. No. 3). Plaintiff filed a verified statement alleging that he has exhausted his administrative remedies and attached an Administrative Remedy Procedure form indicating that he received a Step-One Response on June 11, 2015, and a Step-Two Response on July 6, 2015, both of which he appealed.
On December 9, 2016, the Court issued an Order dismissing the complaint because, "[i]n his complaint, Plaintiff admits that he did not exhaust his administrative remedies prior to filing the complaint. . . ." (Doc. No. 7).
In the instant correspondence, which is in the nature of a Rule 59(e) motion for reconsideration, Plaintiff contends that the Court erred by dismissing the suit because he exhausted his administrative remedies before filing the complaint. (Doc. No. 9). Specifically, he asserts that this action was filed on November 10, 2015, that the first grievance step was filed on May 26, 2015, and that the final grievance step was completed on October 27, 2015, fourteen days before the complaint was filed.
With regard to motions to alter or amend a judgment under Rule 59(e), the United States Court of Appeals for the Fourth Circuit has stated:
Plaintiff has not shown the existence of the limited circumstances under which a Rule 59(e) motion may be granted. The motion for reconsideration is based on a factual assertion that the complaint was filed on November 10, 2015, which is conclusively refuted by the record. Further, Plaintiff's allegation that the grievance procedure was completed on October 27, 2015, is unverified and Plaintiff has failed to file a copy of that grievance.