Greene v. Durcart

Filing 15

ORDER denying 14 Motion to set aside judgment signed by Magistrate Judge Barbara A. McAuliffe on 6/29/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCELLUS ALEXANDER GREENE
a/k/a MARVELLOUS AFRIKAN
WARRIOR,

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Petitioner,

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Case No. 1:15-cv-00137-bam HC
ORDER DENYING MOTION
TO SET ASIDE JUDGMENT

v.
C.E. DURCART,

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Respondent.

(Doc. 14)

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, moves pursuant to
F.R.Civ.P. 59(e), to set aside the Court's January 29, 2015 order dismissing his petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.
Rule 59(e) provides, "A motion to alter or amend a judgment must be filed no later than 28

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days after entry of the judgment. “ Because more than 28 days elapsed between the entry of

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judgment on January 29, 2015, and Petitioner's filing his motion on June 15, 2015, the Court must

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deny the motion as untimely.

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Further, the motion for reconsideration fails to give any coherent or intelligible reasons for

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the Court to reconsider its ruling that Petitioner failed to exhaust state remedies.
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Accordingly, the Court hereby ORDERS that Petitioner's motion for reconsideration pursuant

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to F.R.Civ.P. 59(e) (Doc. 14), filed June 15, 2015, be DENIED as untimely.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 29, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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