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, )

Download PDF
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. ) ) ) ) ) ) CASE NO. 2:13-CV-734-WKW ) [WO] ) ) ) 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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?