Alisic v. United States of America

Filing 19

ORDER that movant Adnan Alisic's motion for reconsideration (Doc. 18 ) is denied. Signed by Judge David G Campbell on 3/2/2012.(KMG)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Adnan Alisic, Plaintiff, 10 11 Nos. CV-11-00063-PHX-DGC; CR-06-00717-PHX-DGC ORDER vs. 12 United States of America, 13 CC Defendant. 14 The Court is in receipt of movant Adnan Alisic’s motion to reconsider the Court’s 15 order of February 3, 2012, accepting Magistrate Judge Mark E. Aspey’s Report and 16 Recommendation (“R&R”) and denying Alisic’s motion to vacate, set aside, or correct 17 sentence pursuant to 28 U.S.C. § 2255. Doc. 18; see Doc. 16. 18 Motions for reconsideration are disfavored and should be granted only in rare 19 circumstances. 20 3348522, at *1 (D. Ariz. Oct. 15, 2009). A motion for reconsideration will be denied 21 Aabsent a showing of manifest error or a showing of new facts or legal authority that 22 could not have been brought to [the Court=s] attention earlier with reasonable diligence.@ 23 LRCiv 7.2(g)(1); see Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). Alisic does 24 not meet or even address this high standard. He cites no new law or facts that occurred 25 after the Court’s denial of his § 2255 motion. Instead, he re-urges arguments made in his 26 objection to the R&R, including arguments the Court already exercised its discretion to 27 reject because Alisic had not previously raised them before Judge Aspey. Alisic does not 28 See Stetter v. Blackpool, No. CV 09-1071-PHX-DGC, 2009 WL 1 refute or even discuss the Court’s analysis. In short, Alisic simply disagrees with the 2 Court’s denial of his motion. But “[m]ere disagreement with a previous order is an 3 insufficient basis for reconsideration.” Guillen v. Thompson, No. CV 08-1279-PHX- 4 MHM, 2010 WL 3239419, at *2 (D. Ariz. Aug. 16, 2010). Nor should reconsideration be 5 used to ask the Court to rethink its analysis. Id.; see N.W. Acceptance Corp. v. Lynnwood 6 Equip., Inc., 841 F.2d 918, 925-26 (9th Cir. 1988). 7 8 9 IT IS ORDERED that movant Adnan Alisic’s motion for reconsideration (Doc. 18) is denied. Dated this 2nd day of March, 2012. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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?