Wagner, Ronald v. Dittman, Michael

Filing 53

ORDER denying 48 Motion for Reconsideration. Signed by District Judge William M. Conley on 5/1/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RONALD HELMUT WAGNER,
ORDER
Petitioner,
12-cv-487-wmc

v.

MICHAEL MEISNER, Warden,
Columbia Correctional Institution,
Res ondent.
On April 10, 2014, the court denied Ronald Helmut Wagner's motion for leave to
reopen the time to appeal pursuant to Fed. R. App. P. 4(a)(6) because Wagner failed to
establish that he did not receive notice of the judgment, which was sent to him at his
address of record at the Red Granite Correctional Institution. Wagner has now filed a
motion to alter or amend that judgment under Fed. R. Civ. P. 59(e).

To prevail on a

motion under Rule 59(e), the moving party must identify an error of law that merits
reconsideration of the judgment. See Obriecht v. Raemisch, 517 F.3d 489, 494 (7th Cir.
2008); Sigsworth v. Ciry of Aurora, Ill., 487 F.3d 506, 511-12 (7th Cir. 2007). Wagner has
not presented any evidence to corroborate his claim that the judgment was not delivered
as sent by the clerk's office. Without more, he does not overcome the presumption of
regular delivery by mail. Wagner does not otherwise show that the order was entered in
error or that he is entitled to relief from the judgment. Accordingly, the motion will be
denied.

ORDER
IT IS ORDERED that petitioner Ronald Helmut Wagner's motion for
reconsideration (Dkt. # 48) is DENIED.
Entered this I st day of May, 2014.
BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

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