Bracey v. Secretary, Department of Corrections et al.

Filing 57

ORDERED: Petitioner has failed to provide good cause for this Court to alter or amend the August 31, 2020 Order. Petitioner's "Writ of Error Coram Nobis" 56, which the Court construes as a Motion to Alter or Amend a Judgment pursuant to Fed. R. Civ. P. 59(e) is DENIED. Signed by Judge Charlene Edwards Honeywell on 12/7/2020. (CSS)

Case 5:17-cv-00364-CEH-PRL Document 57 Filed 12/07/20 Page 1 of 2 PageID 326

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
VONDALE LAMAR BRACEY,
Petitioner,
-vs-

Case No.

5:17-cv-364-Oc-36PRL

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
____________________________/
ORDER
This matter comes before the Court upon consideration of Petitioner’s “Writ of
Error Coram Nobis” (Doc. 56), which the Court construes as a Motion to Alter or
Amend a Judgment pursuant to Fed. R. Civ. P. 59(e).

It appears Petitioner moves

the Court to reconsider its August 31, 2020, Order dismissing his petition for a writ of
habeas corpus.

(Doc. 55.)

Because the petition (which challenged the calculation

of Petitioner’s release date) was dismissed for failure to exhaust administrative
remedies, there was no formal judgment entered.
“The only grounds for granting [a Rule 59] motion are newly-discovered
evidence or manifest errors of law or fact.” Arthur v. King, 500 F.3d 1335, 1343 (11th
Cir. 2007) (quoting In re Kellogg, 197 F.3d 1116, 1119 (11th Cir. 1999)).

Petitioner

has neither presented newly-discovered evidence nor demonstrated that the Court
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Case 5:17-cv-00364-CEH-PRL Document 57 Filed 12/07/20 Page 2 of 2 PageID 327

committed a manifest error of law or fact in dismissing his petition.

The Court,

therefore, concludes that Petitioner has failed to provide good cause for this Court to
alter or amend the August 31, 2020 Order.
295 (M.D. Fla. 1993).

See Cover v. Wal-Mart, 148 F.R.D. 294,

Accordingly, Petitioner’s motion (Doc. 56) is DENIED.

DONE AND ORDERED in Tampa, Florida on December 7, 2020.

Copies to:
Petitioner pro se
Counsel of Record

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