Supreme-El v. Director, Department of Corrections

Filing 35

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 4/15/15. Copy sent: Yes (tdai, )

n
IN THE UNITED

FOR THE

STATES

DISTRICT

EASTERN DISTRICT

COURT

e

APR I6 2QI5

OF VIRGINIA

Richmond Division

METAPHYZIC

l

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

EL-ECTROMAGNETIC

SUPREME-EL,

Petitioner,
Civil Action No.

v

DIRECTOR,

3:14CV52

DEPARTMENT OF

CORRECTIONS,

Respondent.

MEMORANDUM OPINION

By Memorandum Opinion and Order entered on March 3,

the

Court

objections,

overruled

Metaphyzic

of

the Magistrate Judge,

of

habeas

same

day,

AMENDED

El-Ectromagnetic

accepted and adopted the

corpus

the

MOTION

Court
FOR

Report

2015,

Supreme-El's

and Recommendation

and dismissed his petition for a writ

pursuant

to

received

SUMMARY

28

U.S.C.

a

"MOTION

JUDGMENT."

the action has been dismissed,

§ 2254.

FOR
<ECF

this Motion

Later

LEAVE
No.

TO

2 9.)

(ECF No.

29)

on

the

FILE

AN

Because

will be

denied.

On

March

16,

2015,

the

Court

received

from

Supreme-El

a

"MOTION FOR RELIEF FROM JUDGMENT OR ORDER PURSUANT TO RULE 60(b)

OF THE FED.

R.

CIV.

P."

(ECF No.

32.)

i

Because Supreme-El filed

his request for reconsideration within twenty-eight (28)

days of

the entry of the March 3, 2015 Memorandum Opinion and Order,

the

Court

treats

Procedure

of

the

59(e)

motion

("Rule

Southern Pines,

Dove v. CODESCO,

as

one

59(e)

under

Federal

Motion").

532 F.3d 269,

569 F.2d 807,

Rule

MLC Auto.,

277-78

(4th Cir.

809 (4th Cir.

of

Civil

LLC v.

2008)

Town

(citing

1978)).

The United States Court of Appeals for the Fourth Circuit
recognizes three grounds for relief under Rule
accommodate

an

account

for

correct

a

intervening

new

evidence

clear

Hutchinson

v.

error

1419

(D.

F.R.D.

Md.

625,

626

law

or

994

prevent

F.2d

v.

Atkins

(S.D. Miss.

at

1076,

Koppers
v.

1990)).

(2)

to

or

(3)

to

trial;

manifest

1081

Co.,

Marathon

to

law;

controlling

available

Corp.

1991) ;

in

not

of

Staton,

(citing Weyerhaeuser

change

"(1)

59(e):

(4th

771

injustice."
1993)

Supp.

F.

Cir.

1406,

LeTourneau

Co. ,

130

Supreme-El claims that he

"seeks further review for relief" because the "final judgment of

this

court

is

inadvertence;

ECF No. 34.J1
or

any

result

making

(capitalization

law

the

the

of

fraud,

judgment

corrected);

see

misrepresentation,

void."

Mem.

Supp.

(Rule
Rule

59(e)
59(e)

and

Mot.
Mot.

2
3,

Supreme-El fails to demonstrate a clear error of

other

basis

for

granting

relief

under

Rule

59(e).

Accordingly, the Rule 59(e) Motion (ECF No. 32) will be denied.

1 To
Opinion

the

was

incorrect.

extent

entered

Supreme-El
(Mem.

(See ECF No.

27.)

Supp.

suggests
Rule

that

5 9(e)

no

Mot.

Memorandum
3),

To the extent he contends

he

is

that he

never received a copy of the Memorandum Opinion,
the Clerk
mailed Supreme-El another copy of the March 3, 2015 Memorandum
Opinion on March 20, 2015 in response to his letter.
(See ECF
No.

34.)

An appeal may not be taken from the final order in a § 2254
proceeding unless a judge issues a certificate of appealability
("COA").

28

U.S.C.

§

unless a prisoner makes
a

constitutional

requirement

is

whether

right."

(or,

should

have

issues

presented

been

for

proceed further.'"

only

U.S.C.
when

to

COA

will

not

issue

that matter,
in

a

agree

different

'adequate

Estelle,

463

satisfy

§ 2253(c)(2).

"reasonable

to

this

the

manner

or

880,

could

petition
that

encouragement

529 U.S.

U.S.

This

jurists

that)

deserve

Slack v. McDaniel,

(quoting Barefoot v.
fails

28

resolved

were

A

"a substantial showing of the denial of

satisfied

debate

Supreme-El

2253(c)(1)(A).

893

standard.

473,

484

& n.4

the

to

(2000)

(1983)).

Accordingly,

a

certificate of appealability will be denied.

The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Supreme-El.

/•/

Asf>

Robert E. Payne
Senior United States District Judge

Richmond, Virginia
Date

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*/