Fernandez v. Fraker

Filing 18

ORDER denying 16 Petitioner's Motion to Amend Judgment (Motion for Reconsideration), signed by Judge Ronald B. Leighton.(DN)

Download PDF
1 HONORABLE RONALD B. LEIGHTON 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 ANGEL FERNANDEZ, CASE NO. C12-5426RBL 9 Petitioner, 10 ORDER DENYING MOTION TO AMEND OR VACATE JUDGMENT v. 11 RONALD FRAKER, 12 Respondent. 13 14 THIS MATTER comes before the Court on Petitioner’s Motion to Amend or Vacate 15 Judgment [Dkt. #16] pursuant to F.R.C.P. 59(e). The motion is more properly entitled Motion 16 for Reconsideration. On August 29, 2012, U.S. Magistrate Judge J. Richard Creatura issued a 17 Report and Recommendation (R&R) that recommended denying (1) Fernandez’s Habeas Petition 18 as time-barred and (2) a Certificate of Appealability (COA). See Dkt. #11. This Court adopted 19 the R&R on October 11, 2012, dismissed Fernandez’s Habeas Petition, and denied a COA. With 20 that history, the petitioner has offered no new reliable evidence that was not presented before. 21 Under Local Rule 7, Motions for Reconsideration are disfavored, and will ordinarily be 22 denied absent a showing of manifest error, or a new factual or legal basis which could not have 23 24 ORDER DENYING MOTION TO AMEND OR VACATE JUDGMENT- 1 1 been raised earlier. Local Rule 7(h). This standard has not been met in this case, and the Court 2 will not reconsider its prior ruling. 3 It is therefore ORDERED that Plaintiff’s Motion for Reconsideration incorrectly styled a 4 Motion to Amend or Vacate Judgment [Dkt. #16] is DENIED. 5 Dated this 29th day of November, 2012. 7 A 8 Ronald B. Leighton United States District Judge 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DENYING MOTION TO AMEND OR VACATE JUDGMENT- 2

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?