Taylor v. Nish

Filing 29

ORDER denying petitioner's motion 21 for reconsideration of 1/27/12 memo & order. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/18/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

GEORGE J. TAYLOR, III,
Petitioner
v.
JOSEPH P. NISH,
SUPERINTENDENT,
Respondent

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CIVIL ACTION NO. 1:11-CV-0642
(Judge Conner)

ORDER
AND NOW, this 18th day of September, 2012, upon consideration of
petitioner’s motion (Doc. 21) for reconsideration of this Court’s January 27, 2012
Memorandum and Order (Doc. 19) dismissing his petition for writ of habeas corpus
without prejudice, and it appearing that plaintiff fails to demonstrate one of three
major grounds for reconsideration ((1) an intervening change in controlling law; (2)
the availability of new evidence [not available previously]; [or], (3) the need to
correct clear error [of law] or prevent manifest injustice.’”)), North River Ins. Co. v.
Cigna Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995) (collecting cases); see Waye
v. First Citizen’s Nat’l Bank, 846 F. Supp. 310, 314 (M.D. Pa.) (“A motion for
reconsideration is not to be used to reargue matters already argued and disposed
of.”), aff’d, 31 F.3d 1174 (3d Cir. 1994); see also Database America, Inc. v. Bellsouth
Adver. & Publ’g Corp., 825 F. Supp. 1216, 1220 (D.N.J. 1993) (citations omitted) (“A
party seeking reconsideration must show more than a disagreement with the
Court’s decision, and ‘recapitulation of the cases and arguments considered by the

court before rendering its original decision fails to carry the moving party’s
burden.’”), but, to the contrary, reargues matters already argued and disposed of by
the Court, challenges factual inaccuracies in his arrest and detention records (Doc.
21, at ¶¶ 2, 4-5), and expresses disgust with the state court judicial system (Id. at ¶ 5),
it is hereby ORDERED that petitioner’s motion (Doc. 21) is DENIED.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge