DAKER v. UNITED STATES OF AMERICA et al

Filing 32

ORDER denying 25 Motion to Vacate the Court's adoption Order and 26 , 31 Motions to Stay. Signed by Chief Judge J. Randal Hall on 03/21/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION WASEEM DAKER, * * Plaintiff, * * V. * CV 615-49 * UNITED STATES OF AMERICA; BRIAN CHRISTOPHER JOHNSON; and BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, * * * * * Defendant. * ORDER On May 26, 2017, the Magistrate Judge assigned to this case denied Plaintiff's motion to proceed in forma recommended that the Court dismiss this case. Court adopted 2017. the Report and Recommendation pauperis (Doc. 19.) on and The November 14, Plaintiff now moves to vacate the Court's adoption Order and stay these proceedings pending his appeal in Daker v. Head, et al.. No. 14-13257 (11th Cir. Jul. 21, 2014), and Daker v. Comm'r Ga. Dept. of Corr., et al.. No. 13-13398 (11th Cir. Apr. 4, 2014). satisfy the (Docs. 25, criteria 26, for 31.) relief Because under Plaintiff Federal does Rule not Civil Procedure 59(e), his motions are DENIED. Relief under Rule 59(e) is only appropriate when the moving party shows: (1) there has been a change in law; (2) new evidence is available; or (3) reconsideration is 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) Plaintiff's arguments are the same as those considered and rejected by the Court when it adopted the Magistrate Judge's Report and Recommendation. {Doc. 23.) Rule 59(e) is not a vehicle for the moving party to relitigate an issue the Court has already decided. Jones v. Southern Pan Servs., 450 F. App'x 860, 863 (11th Cir. 2012). Accordingly, Plaintiff has failed to establish that he is entitled to relief under Rule 59(e). Upon due consideration, Plaintiff's motions to vacate the Court's adoption order and stay these proceedings (docs. 25, 26, 31) are DENIED. ORDER ENTERED at Augusta, Georgia this d2/^ day of /)(a^ , 2018 . J. RAl^AL HALZ, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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