Estrada-Jimenez, Luis v. Baenen, Michael

Filing 41

ORDER denying 25 Motion for Reconsideration re 19 Order filed by Luis A. Estrada-Jimenez. Signed by Magistrate Judge Stephen L. Crocker on 3/16/2016. (jef),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN LUIS A. ESTRADA-JIMENEZ, v. Petitioner, ORDER 13-cv-570-slc BRIAN FOSTER1 , Warden, Green Bay Correctional Institution, Respondent. Before the court is petitioner Luis A. Estrada-Jimenez’s motion for reconsideration of this court’s November 24, 2015 order denying his petition for a writ of habeas corpus. Dkt. 25. A motion to alter or amend a judgment is proper only when “‘the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest error of law or fact.’” Burritt v. Ditlefsen, 807 F.3d 239, 252-53 (7th Cir. 2015) (quoting Matter of Prince, 85 F.3d 314, 324 (7th Cir. 1996)). Having carefully read petitioner’s motion in its entirety, I find no reason to reconsider my prior determination. For the most part, the motion is a rehash of arguments he previously made in support of his habeas corpus petition. Petitioner fails to present any newly-discovered evidence that was not before the court when it ruled on the petition and fails to establish that this court committed a manifest error of law or fact. Accordingly, the motion is DENIED. Entered this 16th day of March, 2016. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge 1 Brian Foster is the current warden at Green Bay Correctional Institution. Pursuant to Fed. R. Civ. P. 25(d), the court automatically substitutes him for the former respondent, M ichael Baenen.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?