Ellison v. Guyer et al

Filing 48

ORDER denying 47 Motion to Alter Judgment. The Clerk of Court is directed to discard any future filings. Signed by Judge Dana L. Christensen on 9/15/2022. Transmitted electronically to prison for delivery to inmate. (TAG)

Case 1:18-cv-00176-DLC Document 48 Filed 09/15/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
LIONEL ELLISON,

Cause No. CV 18-176-BLG-DLC

Petitioner,
vs.

ORDER

LYNN GUYER, STATE OF
MONTANA,
Respondents.

This matter was dismissed without prejudice on June 10, 2020, as
unexhausted. (Doc. 38.) Ellison appealed. (Doc. 40.) On August 18, 2020, the
Ninth Circuit denied Ellison a Certificate of Appealability. (Doc. 42.)
Ellison subsequently sought relief from judgment under Fed. R. Civ. P.
60(b)(6) and 60(d)(3). (Doc. 43.) This Court addressed the merits of Ellison’s
argument and denied relief. (Doc. 45.) Ellison was advised that he could not
continue to file post-judgment motions in this closed matter and the Clerk of Court
was directed to return future filings to Ellison. Id. at 7.
In the interim, Ellison petitioned the Ninth Circuit for a writ of mandamus;
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Case 1:18-cv-00176-DLC Document 48 Filed 09/15/22 Page 2 of 2

the request was denied. Ellison v. United States District Court, et al., Cause No.
22-70043, Or. (9th Cir. April 20, 2022).
Despite being advised by this Court that he was not to file any more
documents in this closed matter, Ellison now seeks to alter the June 10, 2020
judgment under Fed. R. Civ. P. 59. See (Doc. 47.) Ellison provides no new basis
for this request; he simply rehashes arguments that have been previously presented
to the Court and rejected. The instant motion is no different and finds no basis in
fact or law. Ellison may not continue to use the Court’s time and resources filing
baseless motions in closed matters.
Accordingly, the Court enters the following:
ORDER
1. Ellison’s Motion to Alter the Judgment (Doc. 49) is DENIED.
2. This matter is CLOSED. The Court will not entertain further filings.
The Clerk of Court is directed to discard any future filings.
DATED this 15th day of September, 2022.

/s/ Dana L. Christensen
Dana L. Christensen
United States District Court

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