Sheppard v. United States of America

Filing 51

ORDER denying 47 Motion for Reconsideration. Signed by Honorable Richard M Gergel on 3/19/2012.(abuc)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Bradley Shane Sheppard,
Petitioner,
vs.
Warden of FCI-Estill
Respondent.

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Civil Action No.1: 10-3220-RMG

ORDER

This matter comes before the Court on Petitioner's motion for reconsideration pursuant to
Rule 59(e) of the Federal Rules of Civil Procedure. (Dkt. No. 47). By Order dated April 5, 2011,
this Court denied Petitioner's pro se petition for a writ of habeas corpus brought pursuant to 28
U.S.C. § 2241. (Dkt. No. 24). Petitioner subsequently appealed this Order to the Fourth Circuit
United States Court of Appeals, which affirmed this Court's Order by per curiam opinion on
August 2,2011. (Dkt. No. 42). The Fourth Circuit denied Petitioner's petition for rehearing en
bane on October 4,2011 and the judgment and mandate were entered on October 12,2011. (Dkt.
Nos. 44,45). The Petitioner's motion for reconsideration pursuant to Rule 59(e) was filed on
February 16,2012.
FRCP 59(e) provides a "motion to alter or amend a judgment must be filed no later than
28 days after the entry ofjudgment." The Court will, however, treat this motion as a motion for
relief from judgment pursuant to FRCP 60, which must be filed within a "reasonable time". See,

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Hatfieldv. Board o/County Commissioners/or Converse County, 52 F.3d 858, 861(lOth
Cir.1995). After reviewing Petitioner's motion for reconsideration, the Court finds that the
motion fails to satisfy any of the conditions for the granting of relief from a final judgment set
forth in FRCP 60(b)(1)-(6). Therefore, the Court denies Petitioner's motion for reconsideration.
(Dkt. No. 47).
AND IT IS SO ORDERED.

United States District Judge

Charleston, South Carolina
March 1...1,2012

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