Fourstar v. Copenhaver

Filing 47

ORDER Denying Motion to Alter or Amend Judgment re 44 , signed by Magistrate Judge Sheila K. Oberto on 7/26/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR CHARLES FOURSTAR, JR.,
Petitioner,

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PAUL COPENHAVER, Warden,
Respondent.

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ORDER DENYING MOTION
TO ALTER OR AMEND JUDGMENT

v.

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No. 1:14-cv-01456-SKO HC

(Doc. 44)

Petitioner Victor Charles Fourstar, Jr., is a federal prisoner whose petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241 was denied on June 30, 2016.1 Petitioner moves,

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pursuant to F.R.Civ.P. 59(e), to alter or amend the judgment denying the petition to a dismissal

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without prejudice that will permit him to continue to pursue his claims. Petitioner contends the

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Supreme Court’s recent decision in Williams v. Pennsylvania, 136 S.Ct. 1899 (2016), establishes

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a new basis for habeas relief.

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The Williams holding has no application to the petition in the above-captioned matter,
which addressed various disciplinary actions against Petitioner during his confinement. The issue

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addressed in Williams was whether recusal was required of a State Supreme Court judge who,
while he was a District Attorney, had authorized bringing capital charges against Williams.
Petitioner’s argument is based on the Montana District Court proceedings that led to his

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Pursuant to 28 U.S.C. § 636(c)(1), both parties consented, in writing, to the jurisdiction of a United States
Magistrate Judge to conduct all further proceedings in this case, including the entry of final judgment.

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conviction and sentencing to federal prison, not to any of the disciplinary proceedings addressed

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in this action.

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Based on the foregoing, Petitioner’s motion to alter or amend the judgment pursuant to

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F.R.Civ.P. 59(e) is hereby DENIED.
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IT IS SO ORDERED.

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Dated:

July 26, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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