DAY v. WARDEN

Filing 11

ORDER re 10 Motion for Reconsideration of 6 Order Adopting Report and Recommendation filed by GREGORY ALLEN DAY is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 5/30/2012. (jws)

Download PDF
Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION GREGORY ALLEN DAY, Petitioner, v. CASE NO. 1:11cv256-MP-GRJ M. MARTIN, Respondent. _____________________________/ ORDER This matter is before the court on petitioner’s request for reconsideration of the order which adopted the Report and Recommendation and dismissed his case. (Doc. 10). The previous order dismissed this case because the petitioner already had a § 2255 motion pending in his criminal case which raised identical issues. Now, petitioner moves the court to reconsider that decision but simply restates his original arguments; he does not address why he should be allowed to have two cases pending that cover identical arguments. Thus, the motion contains no basis for overturning the prior order of the court. Accordingly, petitioner’s request (doc. 10) is denied. DONE and ORDERED this 30th day of May, 2012. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE

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?