Evans, Eddie v. Meisner, Michael

Filing 33

ORDER that Eddie Gene Evan's 32 motion for reconsideration is DENIED. Signed by District Judge William M. Conley on 10/15/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN
EDDIE GENE EVANS,
Petitioner,

ORDER

v.

13-cv-730-wmc
MICHAEL DITTMAN, Warden,
Columbia Correctional Institution,
Respondent.

Petitioner Eddie Gene Evans filed a petition for a writ of habeas corpus under 28

u.s.c. ~ 2254
Corrections

to challenge the revocation of his release from the Wisconsin Department of

on extended community

supervision.

On September 8, 2014, the court

dismissed the petition without prejudice for want of prosecution.

Alternatively, the court

dismissed the petition as moot due to Evans's release from WDOC custody.
On October 2, 2014, the court denied Evans's motion to reinstate this case, noting
that his petition was moot absent a showing that he continued to suffer "collateral effects" or
"legal consequences" as a result of the challenged revocation of his supervised release. Lane v.
Williams, 455 U.S. 624, 632-33 (1982); Carajas v. LaVallee, 391 U.S. 234,238

(1968).

Evans has now filed a motion for reconsideration, which is construed as one seeking to alter or
amend the 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 Ohriecht v. Raemisch, 517 F.3d 489, 494
(7th Cir. 2008); Sigsworth v. City ofAurora, Ill., 487 F.3d 506, 511-12 (7th Cir. 2007).
does not make that showing here.

Evans

In that respect, Evans admits that he is currently

incarcerated as the result of a parole revocation proceeding in Louisiana.

Evans admits

further that, while on parole from Louisiana, Evans was convicted of committing
offense in Wisconsin in 2004, resulting in a 20-year prison sentence.

a new

Evans does not allege

facts showing that the revocation of his supervised release in Wisconsin was at all responsible
for the revocation of his parole in Louisiana.

More importantly,

Evans does not show that

the dismissal order was entered in error or that he is entitled to relief from the judgment.
Accordingly, his motion for reconsideration will be denied.

ORDER
IT IS ORDERED THAT the motion for reconsideration

filed by Eddie Gene Evans

(Dkt. # 32) is DENIED.
Entered this 15th day of October, 2014.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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