Liberte v. Warden Lieber Correctional Institution

Filing 81

ORDER denying 80 Motion to Alter Judgment. Signed by Honorable Joseph F Anderson, Jr on 10/22/2010.(jpet, )

UNITED STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

A u b in Liberte,

) ) P e t i t io n e r , ) v. ) ) W a rd e n , Lieber Correctional ) In s titu tio n , ) ) R e sp o n d e n t. ) _________________________________ )

C /A No. 0:09-1343-JFA-PJG

ORDER

B y order entered September 14, 2010, this court adopted the Report and R e c o m m e n d a tio n of the Magistrate Judge in this case, granted the respondent's motion for s u m m a ry judgment, and dismissed this action with prejudice. Now before the court is the p e titio n e r's motion to alter or amend the judgment pursuant to Rule 59(e) of the Federal R u le s of Civil Procedure. The petitioner suggests that the motion is made "to correct a clear e rr o r of law and to prevent a manifest injustice." T h e court's September 14, 2010 order adequately sets forth the court's reasoning in d is m is s in g this action due to it being untimely under the AEDPA. Accordingly, the motion f o r reconsideration is denied. IT IS SO ORDERED.

O ctob er 22, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge