DAVIS v. UNITED STATES OF AMERICA et al

Filing 7

ORDER denying 6 Motion for Reconsideration re 6 MOTION for Reconsideration re 4 Order on Motion for Writ of Mandamus filed by RODDERICK T DAVIS.Ordered by Judge W. Louis Sands on 5/8/2013 (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION

RODDERICK T. DAVIS,
Plaintiff
VS.
JASON FERGUSON, et al.,

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CASE NO. 1:13-CV-10 (WLS)

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Defendants
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ORDER

Before the Court is Plaintiff RODDERICK T. DAVIS’ motion for reconsideration of the
undersigned’s April 5, 2013 Order (Doc. 4). Plaintiff asks that the Court reconsider its denial of
his “Petition for Writ of Mandamus.” He seeks to compel the Defendants – prosecutors or
investigators in the Albany Division of the Middle District of Georgia – to certify that Plaintiff
provided substantial assistance in the prosecution of other federal criminals, so that his sentence
might be reduced under Rule 35(b) of the Federal Rules of Criminal Procedure. The Court denied
Plaintiff’s Petition because it cannot compel the Defendants to move for a Rule 35(b) reduction of
Plaintiff’s sentence.
In the instant motion, Plaintiff emphasizes that he wishes not that the Defendants file a
motion, but only that they “certify” his substantial assistance. As the Northern District of Georgia
stated in a similar case filed by Plaintiff, “This distinction does not alter the outcome of this case.”
Davis v. United States of America, 1:12-cv-3650-CAP (N.D. Ga. Feb. 13, 2013) (Doc. 9).
Indeed, the Eleventh Circuit Court of Appeals recently reiterated, “Absent a motion by the
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government, a federal court has no authority to grant a sentence reduction.” U.S. v. Graham, No.
12-12612, 2013 WL 1789502 at *1 (11th Cir. Apr. 26, 2013) (citing United States v. Dorsey, 554
F.3d 958, 961 (11th Cir. 2009)).
In light of the foregoing, Plaintiff’s motion for reconsideration is hereby DENIED.
SO ORDERED, this 8th

day of May, 2013.

/s/ W. Louis Sands_________________________
W. LOUIS SANDS
UNITED STATES DISTRICT JUDGE

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