Buggs v. Quintana
Filing
7
MEMORANDUM OPINION & ORDER: Pla's 6 Motion for Reconsideration Pursuant to Rule 59(e) is DENIED. Signed by Judge Joseph M. Hood on January 14, 2013. (AWD) cc: Pla via US Mail
UNITED STATES DISTRICT COURT
EASTERN DIVISION OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
CARL BUGGS, JR.,
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)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
FRANCISCO J. QUINTANA,
Warden,
Defendant.
Civil Case No.
5:12-cv-337-JMH
MEMORANDUM OPINION & ORDER
***
This matter is before the Court on Plaintiff’s Motion
for Reconsideration Pursuant to Rule 59(e) [D.E. 6], in
which
he
asks
memorandum
this
opinion
Court
and
to
order
reconsider
and
judgment
its
earlier
denying
his
petition for relief pursuant to 28 U.S.C. § 2241 [De 4 &
5].
“A motion under Rule 59(e) is not an opportunity to
re-argue
a
Indians
v.
case.”
Sault
Engler,
146
Ste.
F.3d
Marie
367,
374
Tribe
(6th
of
Chippewa
Cir.
1998)
(citing FDIC v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir.
1992)).
if
Instead, a Rule 59(e) motion may only be granted
“there
is
a
clear
error
of
law,
newly
discovered
evidence, an intervening change in controlling law, or to
prevent
manifest
injustice.”
GenCorp,
Inc.
v.
American
Intern. Underwriters, 178 F.3d 804, 834 (6th Cir. 1999).
The Court has reviewed Petitioner’s motion and concludes
that
it
does
not
satisfy
this
standard
on
any
of
the
permissible grounds.
Accordingly, IT IS ORDERED that Plaintiff’s Motion for
Reconsideration Pursuant to Rule 59(e) [D.E. 6] shall be,
and the same hereby is, DENIED.
This the 14th day of January, 2013.
2
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