Turner v. United States of America (INMATE 3)

Filing 24

ORDER construing 23 Motion for Consideration as a motion to amend the judgment; ORDER denying 23 Motion to Amend the Judgment. Signed by Chief Judge William Keith Watkins on 8/15/2016. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ANTHONY PERRIE TURNER,
# 12902-002,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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) CASE NO. 2:13-CV-734-WKW
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[WO]
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ORDER

Before the court is Plaintiff’s pro se Motion for Consideration, which has been
construed as a motion to amend the March 23, 2015 judgment. (Doc. # 23.) In his
motion, Plaintiff makes essentially the same equitable tolling arguments that have
been considered and rejected twice. First, the Magistrate Judge rejected Plaintiff’s
equitable tolling assertions in the Recommendation. (Doc. # 19.) Second, the court
entered an Order overruling Plaintiff’s objection to the Recommendation, which
raised the same equitable tolling arguments. (Doc. # 21.) Plaintiff’s motion is due
to be denied as untimely and on the merits.1

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Plaintiff has not asserted grounds that warrant relief from the judgment under Rule 59 or
Rule 60 of the Federal Rules of Civil Procedure. Additionally, a motion pursuant to Rule 59 must
be filed within 28 days of the entry of judgment.

Accordingly, it is ORDERED that Plaintiff’s motion to amend the judgment
(Doc. # 23) is DENIED.
DONE this 15th day of August, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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