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)

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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. ยง 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

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