BARTELHO v. LOCKETT
Entry Discussing Motion to Vacate, Reconsider - The post-judgment motion to vacate, etc., treated as a motion to alter or amend judgment 29 , is denied. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 12/20/2012. (RSF)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
THOMAS J. BARTELHO,
CHARLES LOCKETT, Warden,
Entry Discussing Motion to Vacate, Reconsider
The petition for a writ of habeas corpus of Thomas Bartelho was denied on
November 26, 2012. His post-judgment motion for relief was filed with the clerk on
December 18, 2012. Given the timing of the post-judgment motion relative to the
entry of final judgment, and given the argument set forth in such motion, the
motion is treated as a motion to alter or amend judgment pursuant to Rule 59(e) of
the Federal Rules of Civil Procedure. See Borrero v. City of Chicago, 456 F.3d 698,
701-02 (7th Cir. 2006) (explaining that whether a motion filed within 10 days of the
entry of judgment should be analyzed under Rule 59(e) or Rule 60(b) of the Federal
Rules of Civil Procedure depends on the substance of the motion, not on the timing
or label affixed to it); Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989)(noting
that Rule 59(e) encompasses reconsideration of matters decided on the merits).
Rule 59(e) "authorizes relief when a moving party 'clearly establish[es] either
a manifest error of law or fact' or 'present[s] newly discovered evidence.'" Souter v.
International Union, 993 F.2d 595, 599 (7th Cir. 1993) (quoting Federal Deposit Ins.
Corp. v. Meyer, 781 F.2d 1260, 1268 (7th Cir. 1986)).
There was in this case no manifest error of law or fact. The court did not
misapprehend the petitioner’s claim or the nature of his challenge, nor did the court
misapply the law to that claim. Accordingly, the post-judgment motion to vacate,
etc., treated as a motion to alter or amend judgment , is denied.
IT IS SO ORDERED.
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Reg. No. 03371-036
P.O. Box 019001
Atwater, CA 95301
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