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)

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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

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