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)
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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