Daker v. Head et al

Filing 25

ORDER denying 23 Motion to Vacate. Signed by Judge B. Avant Edenfield on 11/4/14. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
WASEEM DAKER,
Plaintiff,
6: 14-cv-47

V.

PATRICK HEAD; JESSE D. EVANS;
MARY E. STALEY; BRIAN OWENS;
TIMOTHY WARD; RANDY TILLMAN;
RICK JACOBS; ROBERT E. JONES;
CARL HUMPHREY; DR. SHARON
LEWIS; SHEVONDAH FIELDS; LISA
FOUNTAIN; TORIS MCLESSIA
ROZIER; JAMES DEMETRIUS
SMITH; GEORGIA DEPARTMENT OF
CORRECTIONS; ROBERT TOOLE;
WENDELL FOWLER; JOHN PAUL;
Ms. KILGORE; Mr. DELOACH;
MILTON SMITH; MURIEL JACKSON;
JOHN DOE; JANE DOE; DR. JOHN
DOE; DR. JANE DOE; Ms. KING; P.
MURPHY; Off. HENRY; Ms. BROWN;
THREE JOHN DOES; BRUCE
CHATMAN; JUNE BISHOP; DR. DEAN
BROOME; Mr. CARAVELLO;
WILLIAM McNUNN; STEPHEN
NICOLOV; SHARON BROWN; Ms.
LIGHTSEY; Ms. CROWDER; Ms.
STRICKLAND; Ms. DOBBS; Ms.
SIC VERS; Ms. CO WART; Ms. BRADY;
TIFFANY WOOTEN; Mr.
THURMOND; DEBBIE KING; Major
SMITH; Sgt. SALGADO; RONNIE
SHUEMAKE; TARAL TODMAN;
BENJAMIN WARREN; AS WON
CAULEY; FREDDIE DAVIS; JAMES
McMILLAN; MICHAEL NUPEN;
TORJKA NASH; LESLEY MEDLOCK;
and SARAH BARBER,
Defendants.

ORDER
Waseem Daker has moved this court to
amend its judgment dismissing his
complaint. ECF No. 23. In support of his
motion, he offers "the same reasons set forth
in his objections to the magistrate's 9/8/14
report & recommendation."
Id. at 1.
However, a Rule 5 9(e) motion cannot be
used "to relitigate old matters, raise
argument[,] or present evidence that could
have been raised prior to the entry of
judgment." Michael Linet, Inc. v. Viii. of
Wellington, Fla., 408 F.3d 757, 763 (11th
Cir. 2005). Daker's motion is improper
because he has offered no new argument in
support of altering the Court's judgment.
Therefore, the Court DENIES Daker's
Rule 59 Motion.
This,

day of November 2014.

A ANT EDENFIELDJDGE
UNITED STATES DI CT COURT
SOUTHERN DISTRICT OF GEORGIA