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)

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