Anderson v. Johnson

Filing 30

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion under Rule 59(e) [# 29 -1] is denied, and petitioner's alternative motion for certificate of appealability [# 29 -2] is denied as moot. Signed by District Judge Rodney W. Sippel on 4/23/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EARL ANDERSON,
Petitioner,
vs.
JEAN ANN JOHNSON,
Respondent.

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Case No. 4:11CV179 RWS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for relief from judgment
under Fed. R. Civ. P. 59(e). On April 3, 2014, I overruled petitioner’s objections to
the Report and Recommendation filed on December 9, 2013 and denied petitioner’s
petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner’s present
motion presents no new factual or legal arguments that convince me my prior
decision was in error, so it will be denied. To the extent petitioner seeks a
certificate of appealability, that request is denied as moot as the Court has already
denied him a certificate of appealability in the Memorandum and Order and
Judgment dated April 3, 2014.
Accordingly,

IT IS HEREBY ORDERED that petitioner’s motion under Rule 59(e) [#291] is denied, and petitioner’s alternative motion for certificate of appealability [#292] is denied as moot.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 23rd day of April, 2014.

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