Kettells v. United States of America

Filing 20

ORDER denying petitioner's 19 Motion for Reconsideration, signed by Judge Robert S. Lasnik. (SWT) (cc: Petitioner via USPS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 RONALD CLAUDE KETTELLS, Case No. C16-891RSL 10 Petitioner, 11 12 13 14 15 v. ORDER DENYING MOTION FOR RECONSIDERATION UNITED STATES OF AMERICA, Respondent. This matter comes before the Court on petitioner’s motion for reconsideration. Dkt. # 19. 16 Petitioner was indicted, tried, and convicted of conspiracy to commit armed bank robbery, 17 armed bank robbery, and use of a firearm during and in relation to a crime of violence. See Case 18 No. CR11-383RSL. On April 19, 2018, the Court denied petitioner’s motion under 28 U.S.C. 19 § 2255 to vacate, set aside, or correct his sentence, finding his claim for relief foreclosed by the 20 decision from the Ninth Circuit Court of Appeals in United States v. Watson, 881 F.3d 782 (9th 21 Cir. 2018) (per curiam). Dkt. # 16. Petitioner filed this motion for reconsideration, Dkt. # 19, 22 asserting various defects in the Court’s order. 23 Motions for reconsideration are disfavored in this district and will be granted only on a 24 “showing of manifest error in the prior ruling” or “new facts or legal authority which could not 25 have been brought to [the Court’s] attention earlier with reasonable diligence.” LCR 7(h)(1). 26 Petitioner cites Federal Civil Rules 59(e) and 60. Rule 59(e) provides for motions to alter or 27 amend judgments but “may not be used to relitigate old matters, or to raise arguments or present 28 evidence that could have been raised prior to the entry of judgment.” Exxon Shipping Co. v. ORDER DENYING MOTION FOR RECONSIDERATION - 1 1 Baker, 554 U.S. 471, 486 (2008) (marks and citation omitted). Rule 60 provides for relief from a 2 judgment due to mistake or inadvertence. Fed. R. Civ. P. 60(b)(1). Petitioner shows no manifest 3 error or mistake in the Court’s ruling, nor does he cite new facts or authority that undermine the 4 Court’s previous conclusions. The motion for reconsideration, Dkt. # 19, is DENIED. 5 DATED this 25th day of May, 2018. 6 7 8 9 A Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION FOR RECONSIDERATION - 2

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