Carter v. Crowther

Filing 516

MEMORANDUM DECISION denying 511 Motion to Alter Judgment. Signed by Judge Ted Stewart on 11/13/2012. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

DOUGLAS STEWART CARTER,
Petitioner,

MEMORANDUM DECISION AND
ORDER DENYING PETITIONER’S
MOTION TO ALTER OR AMEND
JUDGMENT

vs.

ALFRED C. BIGELOW, Warden, Utah State
Prison,

Case No. 2:02-CV-326 TS

Respondent.

This matter is before the Court on Petitioner’s Motion to Alter or Amend Judgment.
Petitioner seeks reconsideration of certain prior orders in light of Martinez v. Ryan.1
“Grounds warranting a motion to reconsider include (1) an intervening change in the
controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error
or prevent manifest injustice.”2 “[A] motion for reconsideration is appropriate where the court
has misapprehended the facts, a party’s position, or the controlling law. It is not appropriate to

1

132 S.Ct. 1309 (2012).

2

Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000).
1

revisit issues already addressed or advance arguments that could have been raised in prior
briefing.”3
Having considered Petitioner’s Motion, as well as the parties’ previously filed briefs
concerning the applicability of Martinez, the Court finds that Martinez provides no basis for the
Court to reconsider any of its prior rulings. It is therefore
ORDERED that Petitioner’s Motion to Alter or Amend Judgment (Docket No. 511) is
DENIED.
DATED November 13, 2012.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

3

Id. (citation omitted)
2