Turner v. United States of America (INMATE 3)
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
ANTHONY PERRIE TURNER,
UNITED STATES OF AMERICA,
) CASE NO. 2:13-CV-734-WKW
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
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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