Taylor v. Louisiana State Penitentiary

Filing 25

ORDER denying 21 Motion for Reconsideration re 17 Order on Motion for Certificate of Appealability filed by Roy Taylor Signed by Judge Donald E Walter on 1/6/09. (crt,Davis, C)

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DIStR~CtC~.~~ ~vESTERN IST~ICT OF LCULS!AN~ ~ RECEIVED - SHREVEPORT JAN II b 2 9 ROB~.SH:0~ BY UNITED STATES DISTRICT COURT WESTEHN EVETRICT DIF ISOUISIANA SR R DIS PORT O V L ION CD/IL ACTION NO. 05-2041 JUDGE DONALD E. WALTER MAGISTRATE MARK HORNSBY \3 ROY TAYLOR VERSUS WARDEN LOUISIANA STATE PENITENTIARY ORDER Before this Court is a Motion for Reconsideration [Record Document 21], filed by Plaintiff Roy Taylor ("Taylor") wherein he asks this court to reconsider its April 23, 2008, Order denying Taylor's Certificate of Appealability. The Federal Rules ofCivil Procedure do not recognize a "motion forreconsideration" in 11wee verba. Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 173 (5tI~ Cir. 1990). However, courts have consistently stated that when a motion is so denominated and filed more than ten days after the rendition of judgment, Rule 60(b) is applicable. j4~Rule 60(b) provides a party relief from a final judgment, order, or proceeding, upon a showing of: "(1) mistake, inadvertence, or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party..." or "any other reason that justifies relief" On April 21, 2008, this Court denied Taylor's Certificate of Appealability for failure to demonstrateasubstantial showing of the denial ofa constitutional right. [Rec. Doc. 17]. Taylor has I not established any of the Rule 60(b) enumerated factors that would justify granting a Motion to Reconsider. Accordingly, IT IS ORDERED that Taylor's Motion for Reconsideration fRec. Doc. 21] be and is hereby DENIED. THUS DONE AND SIGNED, in Shreveport, Louis na, this 6th day of January, 2009. ONALD E. WALTER UNITED STATES DISTRICT JUDGE 2

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