Alvin v. United States Of America

Filing 37

ORDER denying 36 Motion for Reconsideration. Signed by Magistrate Judge G. R. Smith on 03/06/2012. (lmm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
MISTRELL ALVIN,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. CV611-065
CR606-026

ORDER
Convicted of violating 21 U.S.C. § 846, CR606-026, doc. 720,1 aff’d,
United States v. Bacon, 598 F.3d 772 (11th Cir. 2010), Mistell Alvin

moved for 28 U.S.C. § 2255 relief. CR606-026, docs. 1212 & 1214. This
Court denied relief on January 30, 2012. Doc. 35. On February 25, 2012,
Alvin signed and mailed to this Court his “Motion for Reconsideration,”
which is fairly construed as an Fed. R. Civ. P. 59(e) motion. Doc. 1319
at 24.
While the motion is timely, see Rule 59(e) (it must be filed within
28 days of judgment), “[a] motion to alter or amend a judgment cannot
be used to relitigate old matters, raise arguments, or present evidence
The Court is citing only to the criminal docket and using its docketing software’s
pagination, which may not always line up with each paper-document’s pagination.
1

that could have been raised prior to the entry of judgment. See Arthur v.

King, 500 F.3d 1335, 1343 (11th Cir. 2007); Michael Linet, Inc. v. Vill. of
Wellington, 408 F.3d 757, 763 (11th Cir. 2005).” Jones v. Southern Pan
Services, 2012 WL 29071 at * 2 (11th Cir. Jan. 6, 2012). Because that is
all that Alvin has done here, it is DENIED. Doc. 1319.
SO ORDERED this 6th day of March, 2012.
-1

1

UN1TED STATES MAG-1STR2TF JUDGE
SOIJTIEEERN DISTRICT OF GEORGIA

2