Golden v. Coldwell et al

Filing 29

ORDER denying 28 Motion for Certificate of Appealability, and denying 28 Motion for Reconsideration. The Clerk is DIRECTED to cause a copy of this Order to be served on Golden. Signed by Chief Judge Lisa G. Wood on 3/13/2017. (csr)

Sn tllie ?l9ntteti States! Bisitrict Court
tor ttie ^outtiem Biotritt ot 4^eorgta
iSnmotdick BttitOtoti
ALLEN P.

GOLDEN,

Petitioner,
2:15-CV-178

V.

ANTOINE COLDWELL,

Warden,

Respondent.

ORDER

On

January 20,

Judge's

2017,

this

adopted

the

Magistrate

report and recommendation dismissing Petitioner Allen

P. Golden's habeas petition.

the

Court

Magistrate

Judge's

opinion of the Court

.

Dkt.

Report

.

.

."

No.

and

26

('MTJhe Court adopts

Recommendation

(emphasis omitted)).

as

the

In turn,

that report and recommendation suggested denying Golden leave
to

appeal

in

Appealability.

moved

this

February 15,

The

forma
Dkt.

pauperis

No.

23

Court

for

2017.

Dkt. No.

Court

a

liberally

at

and

a

10-11.

Certificate

Certificate

Nevertheless,

of

Wells

at *1

A0 72A

(Rev. 8/82)

(S.D.

Ga.

Sept.

16,

on

28.

construes

Farqo Home Mortq.,

Golden

Appealability

this

motion

reconsideration of the Court's previous order.
V.

of

No.

2016).

CV 116-145,

as

one

for

See Knuckles

2016 WL 5897783,

The motion will be denied.

Reconsideration is

^^an extraordinary remedy,

which should be

granted sparingly."

Deep Sea Fin., LLC v. QBE Ins., Ltd., No.

CV 410-219,

1288972,

2013 WL

(quoting Whitesell Corp.
CV 103-050,

A

court

balance

against

(quoting

the

the

need

Whitesell

*2

(S.D.

Ga.

Mar.

Electrolux Home Prods.,

2010 WL 4025943,

^'must

economy

v.

at

at *7

(S.D.

need

to

for

render

Corp.,

2010

Ga.

Oct.

finality

just
WL

27,

2013)

Inc.,

13,

and

No.

2010)).

judicial

decisions."

4025943,

Id.

at

*7).

Reconsideration ^'should not be used to relitigate issues which
have

already

Corp.,
a

been

found

2010 WL 4025943,

change in the law,

clear

error

of

lacking."

at *1) .

or

(quoting

Whitesell

It is only appropriate given

new evidence,

law

Id.

prevent

or ^^the need to correct a

manifest

injustice."

Id.

(quoting Whitesell Corp., 2010 WL 4025943, at *7).
Golden

evidence.

does

not

claim

any

change

in

the

law

or

new

His arguments are a mix of old ones the Court has

already rejected and has not been convinced are incorrect in
any way,
Wallace

2001)
new

and new glosses that cannot now be raised.
Computer

(^'[A]

legal

Servs.,

202

F.R.D.

reconsideration motion may not

theories

conjunction

Inc.,

with

.

the

.

.

that

could

previously

have

filed

666,

be
been

motion

675

Adler v.
(N.D.

used to

offer

presented

or

Ga.

in

response,

unless a reason is given for failing to raise the issue at an
earlier stage in the litigation.").

For these

reasons.

Golden's motion

Appealability, dkt. no. 28, is DENIED.

for

a

Certificate of

The Clerk is DIRECTED

to cause a copy of this Order to be served on Golden.

SO ORDERED,

this 13th day of March,

2017.

LISA GODBEY WOOD,
UNITED STATES
SOUTHERN

A0 72A

(Rev. 8/82)

CHIEF JUDGE

DISTRICT COURT

DISTRICT OF GEORGIA