Williams v. United States Of America

Filing 17

ORDER denying 16 Motion for Reconsideration re 15 Clerk's Judgment, 14 Order on Report and Recommendations. Signed by Chief Judge J. Randal Hall on 07/13/2018. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

MARK DAMON WILLIAMS

Movant,
CV 216-098

V.

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is Movant's motion for reconsideration of

the

Order

adopting

Recommendation.

the

{Doc. 16.)

Magistrate

Judge's

Report

and

For the following reasons, Movant's

motion is DENIED.

Movant Mark Damon Williams was sentenced to 188 months in

prison under the Armed Career Criminal Act (^^ACCA"), 18 U.S.C. §
924(e).

Movant filed this action to vacate his sentence on June

27, 2016, eleven years after his conviction.

The Magistrate

Judge recommended dismissing this case because Movant's action
was filed more than one year after his conviction had become
final and therefore was untimely pursuant to 2255(f)(1).

(Doc.

8.)

(Doc.

14.)

That recommendation was adopted on March 9, 2018.

Movant now asks the Court to reconsider its Order pursuant

to Federal Rule of Civil Procedure 59(e).

Relief under Rule 59(e) is only appropriate when the moving

party

shows:

evidence

is

(1)

there

available;

has
or

been

(3)

a

change

in

reconsideration

law;

is

(2)

new

necessary to

correct a clear error or to prevent manifest injustice.

McCoy

V. Macon Water Auth.^ 966 F. Supp. 1209, 1223 (M.D. Ga. 1997).

Here, Movant provides no explanation for why his case should not
be barred as untimely.

Instead, Movant only asks the Court to

let his case proceed ''in the interest of justice."
1.)

However,

decided

that

the

Movant

Magistrate
was

not

Judge
entitled

already
to

(Doc. 16, at

considered

equitable

and

tolling.

Given that movant does not allege any new issues the Court has

not already considered, he has not shown that he is entitled to
relief under Rule 59(e).

See Jones v. Southern Pan Servs., 450

F. App'x 860, 863 (11th Cir. 2012) (finding that Rule 59(e) is
not a vehicle for a party relitigate an issue the court has
already decided).

Upon due consideration, Movant's motion for the Court to
reconsider its Order adopting the Magistrate Judge's Report and
Recommendation (doc. 16) is DENIED.

ORDER ENTERED at Augusta, Georgia this

day of July,

2018 .

J.(RAIf^K HALL/^CHIEF JUDGE
UNITED/STATES DISTRICT COURT
:rn district of Georgia