Carter v. Crowther

Filing 516

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

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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

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