Harrell v. United States of America

Filing 12

MEMORANDUM OPINION (signed by District Judge Robert E. Payne on 11/5/2013) (rpiz)

IN THE UNITED
FOR THE

STATES DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

ROGER LEE HARRELL,
Petitioner,
v.

Civil Action No.

3:13CV153

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

By Memorandum Opinion and Order entered on October 1,
the

Court

U.S.C.

denied

a

successive,

unauthorized

§ 2254 filed by Roger Lee Harrell.

October

15,

2013,

the

Court

Reconsideration from Harrell.

The

United States

recognizes three grounds
accommodate

an

account

for

correct

a

(citing
1419
F.R.D.

v.

error

Staton,

Weyerhaeuser

(D.

Md.

625,

demonstrate

1991);
626

any

basis

or

F.2d

v.

for

the

v.

Miss.

at

prevent
1076,

Koppers

28

On
for

Fourth Circuit

59(e):

"(1)

to

law;

(2)

to

or

(3)

to

trial;

manifest

1081

Co.,

Marathon

(4th

771

F.

injustice."
Cir.

1993)

Supp.

1406,

LeTourneau

Co.,

Harrell

fails

1990)).

granting

7-8.)

Motion

controlling

law

Atkins

(S.D.

in

available

994

Corp.

for

relief under Rule

not

of

a

under

9.)

Appeals

change

evidence

clear

Hutchinson

for

intervening

new

of

(ECF Nos.

received

(ECF No.

Court

petition

2013

relief

under

Rule

130
to

59(e).