FERNANDO v. CONWAY et al

Filing 9

ENTRY - denying 8 Motion to Vacate. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 12/30/2013. (RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
FERNANDO BUSTILLO,
Plaintiff,
vs.
J. F. CARAWAY, et al.,
Defendants.

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No. 2:13-cv-262-JMS-WGH

ENTRY
This civil rights action was dismissed pursuant to 28 U.S.C. § 1915A(b) on December 12,
2013, because the court concluded that the complaint failed to state a claim upon which relief
can be granted. There was no manifest error of fact or of law in that disposition, and the plaintiff
has not offered newly discovered evidence. Accordingly, his motion to vacate, treated as a
motion to alter or amend judgment, [dkt. 8] is denied. Edgewood Manor Apartment Homes, LLC
v. RSUI Indem. Co., 733 F.3d 761, 770 (7th Cir. 2013)(“To prevail on a Rule 59(e) motion, the
moving party ‘must clearly establish (1) that the court committed a manifest error of law or fact,
or (2) that newly discovered evidence precluded entry of judgment.’”)(quoting Blue v. Hartford
Life & Accident Ins. Co., 698 F.3d 587, 598 (7th Cir. 2012)).
IT IS SO ORDERED.
12/30/2013
Date: _________________
Distribution:
Fernando Bustillo
02530-051
Terre Haute United States Penitentiary
P.O. Box 33
Terre Haute, IN 47808

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana