Sandlain v. Warden

Filing 40

MEMORANDUM OPINION AND ORDER denying the 39 MOTION by Blake Sandlain for Reconsideration Pursuant to Rule 59(e). Signed by Senior Judge David A. Faber on 7/18/2023. (cc: counsel of record and any unrepresented parties) (arb)

Case 1:20-cv-00424 Document 40 Filed 07/18/23 Page 1 of 1 PageID #: 162

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BLAKE SANDLAIN
Petitioner,
v.

CIVIL ACTION NO. 1:20-00424

WARDEN C. MARUKA,
FCI McDowell,
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the court is Sandlain’s motion for
reconsideration pursuant to Rule 59(e).

See ECF No. 39.

For the

reasons expressed by the Court in its recent decision in Jones v.
Hendrix, 143 S. Ct. 1857, 2023 WL 4110233, at *5 (June 22, 2023),
(§ 2255(e) “does not permit a prisoner asserting an intervening
change in statutory interpretation to circumvent [the]
restrictions on second or successive § 2255 motions by filing a §
2241 petition”), Sandlain’s motion is DENIED.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 18th day of July, 2023.
ENTER:

David A. Faber
Senior United States District Judge