Hall v. Louisiana State Penitentiary
Filing
41
MEMORANDUM ORDER denying 35 Motion for Reconsideration re 32 Judgment Adopting Report and Recommendations. Signed by Judge S Maurice Hicks on 4/11/2016. (crt,Haik, K)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ANTONIO D. HALL
CIVIL ACTION NO. 12-3037
VERSUS
JUDGE S. MAURICE HICKS, JR.
N. BURL CAIN
MAGISTRATE JUDGE HORNSBY
MEMORANDUM ORDER
Before the Court is Petitioner Antonio D. Hall’s (“Hall”) Motion for Relief from
Judgment or to Reconsider Judgment, wherein he asks the Court to reconsider its
Judgment of February 11. 2016. See Record Document 35. The State of Louisiana has
opposed the motion. See Record Document 37.
The Court has considerable discretion in granting a motion for reconsideration under
Rule 59(e), which allows a motion to alter or amend a judgment. Motions to reconsider
serve the narrow purpose of allowing a party “to correct manifest errors of law or fact or
present newly discovered evidence.”
Nationalist Movement v. Town of Jena, 321
Fed.Appx. 359, 364 (5th Cir.2009), citing Waltman v.. Int’l Paper Co., 875 F.2d 468, 473
(5th Cir.1989). Such motions cannot be used to raise arguments which could, and should,
have been made before the judgment issued or to re-urge matters that have already been
advanced by a party. See Simon v. U.S., 891 F.2d 1154, 1159 (5th Cir.1990), quoting FDIC
v. Meyer, 781 F.2d 1260, 1268 (7th Cir.1986); see also Nationalist, 321 Fed.Appx. at 364
& Waltman, 875 F .2d at 473-474). With these legal principles in mind and based on the
showing made in his motion, Hall’s request for relief from judgment or for the Court to
reconsider its judgment is DENIED.
Accordingly,
IT IS ORDERED that Hall’s Motion for Relief from Judgment or to Reconsider
Judgment (Record Document 35) be and is hereby DENIED.
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 11th day of April,
2016.
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