Horn (ID 37212) v. Kansas, State of et al

Filing 33

MEMORANDUM AND ORDER denying 27 Motion for Extension of Time. Signed by District Judge Carlos Murguia on 12/20/2018. Mailed to pro se party Theodore Vincent Horn, II by regular mail. (tvn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

THEODORE VINCENT HORN II,
Petitioner,
v.
STATE OF KANSAS, et al.,
Respondents.

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Case No. 16-3156-CM

MEMORANDUM AND ORDER
Theodore Vincent Horn II, a prisoner housed by the Kansas Department of Corrections, filed a
pro se petition for writ of habeas corpus (Doc. 1). Petitioner was convicted in state court of first
degree murder and sought a writ pursuant to 28 U.S.C. § 2254. This court denied the § 2254 petition
and entered judgment against petitioner on December 7, 2018. On December 17, petitioner filed a
motion for extension of time to file a motion to reconsider (Doc. 27).
Presumably, petitioner intends to file a Rule 59(e) motion to alter or amend judgment. See D.
Kan. Rule 7.3(a) (“Parties seeking reconsideration of dispositive orders or judgments must file a
motion pursuant to Fed. R. Civ. P. 59(e) or 60.”) A party must file a motion to alter or amend
judgment pursuant to Rule 59(e) within twenty-eight days of judgment. The court is without authority
to extend the time periods specified in Rule 59(e). Fed. R. Civ. P. 6(b); Weitz v. Lovelace Health Sys.,
Inc., 214 F.3d 1175, 1179 (10th Cir. 2000); see also Collard v. United States, 10 F.3d 718, 719 (10th
Cir. 1993) (“Rule 6(b) expressly prohibits a trial court from extending the time to file [a Rule 59(e)]
motion.”). The court therefore denies petitioner’s motion for extension of time.

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IT IS THEREFORE ORDERED that petitioner’s motion for extension of time (Doc. 27) is
denied.
Dated this 20th day of December, 2018, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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