Howard v. Hulick

Filing 40

ORDER denying 39 Motion for New Trial. Signed by Chief Judge David R. Herndon on 11/23/2011. (lac2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER J. HOWARD, #B86767
Petitioner,
vs.
DONALD A. HULICK,

Respondent.

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Case No. 11-cv-244-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:

This matter is before the Court on plaintiff’s motion for a new trial (Doc.
39). Plaintiff filed this motion pursuant to Federal Rule of Civil Procedure 59,
challenging this Court’s order denying petitioner’s request for summary judgment
(Docs. 22, 27).
A motion for a new trial filed pursuant to Rule 59 may be granted for “any
reason for which a new trial has heretofore been granted.” FED . R. CIV. P. 59(a). A
motion for a new trial must be filed within 28 days after judgment has been
entered. FED . R. CIV. P. 59(b).
The order being challenged in this motion was docketed on September 6,
2011. Thus, to be timely, petitioner’s motion would needed to have been filed by
October 4, 2011. The instant action was not filed until November 21, 2011, well

past the 28 day window. Therefore, the instant motion (Doc. 39) is DENIED.
IT IS SO ORDERED.
Dated: November 23, 2011
/s/

DavidRHerndon

Chief Judge
United States District Court

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