Walker v. Wisconsin Department of Corrections et al

Filing 85

DECISION AND ORDER signed by Judge Lynn Adelman on 10/13/15 denying 84 Motion for Reconsideration. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TONY D. WALKER,
Plaintiff,
v.

Case No. 14-CV-3

EDWARD F. WALL, et al.,
Defendants.

DECISION AND ORDER
The pro se plaintiff, Tony D. Walker, is currently incarcerated at Green Bay
Correctional Institution. He filed a lawsuit pursuant to 42 U.S.C. § 1983 and was granted
leave to proceed in forma pauperis on his claims that defendants unlawfully detained him
382 days past his scheduled release date because they failed to apply jail credit from one
of his sentences to the other. On September 17, 2015, I granted defendants’ motion for
summary judgment and dismissed the case. Now before me is plaintiff’s motion for
reconsideration of that decision, which he filed under Federal Rule of Civil Procedure 59(e).
“Rule 59(e) allows a court to alter or amend a judgment only if the petitioner can
demonstrate a manifest error of law or present newly discovered evidence.” Obriecht v.
Raemisch, 517 F.3d 489, 494 (7th Cir. 2008) (citing Sigsworth v. City of Aurora, 487 F.3d
506, 511-12 (7th Cir. 2007)). “A ‘manifest error’ is not demonstrated by the disappointment
of the losing party. It is the ‘wholesale disregard, misapplication, or failure to recognize
controlling precedent.’” Oto v. Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000)
(citations omitted). Having reviewed the plaintiff’s motion, I conclude that he has not

demonstrated that the standards of Rule 59(e) have been satisfied. Therefore, his motion
for reconsideration will be denied.
Accordingly, IT IS ORDERED that plaintiff’s motion for reconsideration (Docket #84)
is DENIED.
Dated at Milwaukee, Wisconsin, this 13th day of October, 2015.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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