Washington v. Roberts et al

Filing 26

MEMORANDUM AND ORDER ENTERED: Petitioner's motion 13 for reconsideration is denied. Petitioner's motion 25 for an extension of time is granted. The time for filing a traverse is extended to and including January 22, 2012. Signed by Senior District Judge Sam A. Crow on 12/22/2011. (Mailed to pro se party Marcus B. Washington by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARCUS WASHINGTON,

Petitioner,
v.

CASE NO. 11-3045-SAC

RAYMOND ROBERTS, et al.,
Respondents.

MEMORANDUM AND ORDER
This matter is before the court on petitioner’s motion for
reconsideration (Doc. 13) and his motion for an extension of time to
file the traverse in this matter (Doc. 25).
The court denied the petitioner’s motion for an evidentiary
hearing on August 4, 2011, finding that petitioner had not supported
the request for a hearing with an explanation of the evidence he
expected

to

develop

in

such

a

proceeding.

Petitioner

seeks

reconsideration of that denial.
The Federal Rules of Civil Procedure do not recognize a motion
to reconsider. However, “a litigant who is subject to an adverse
judgment, and who seeks reconsideration of that adverse judgment,
may “file either a motion to alter or amend the judgment pursuant to
Fed.R.Civ.P. 59(e) or a motion seeking relief from the judgment
pursuant to Fed.R.Civ.P. 60(b).” Van Skiver v. United States, 952
F.2d 1241, 1243 (10th Cir. 1991).
Generally, such a motion is only appropriate where “the court

has misapprehended the facts, a party's position, or the controlling
law.” Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir.
2000). Here, petitioner again fails to identify the specific nature
or the relevance of the evidence he seeks, and the court finds no
reason to disturb its earlier order denying an evidentiary hearing.
Petitioner also seeks an extension of time to prepare a
traverse. The court grants that motion.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion for
reconsideration (Doc. 13) is denied.
IT IS FURTHER ORDERED petitioner’s motion for an extension of
time (Doc. 25) is granted. The time for filing a traverse is
extended to and including January 22, 2012.
Copies of this order shall be mailed to the parties.
IT IS SO ORDERED.
DATED:

This 22nd day of December, 2011, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge

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