Fernandez v. Fraker
Filing
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ORDER denying 16 Petitioner's Motion to Amend Judgment (Motion for Reconsideration), signed by Judge Ronald B. Leighton.(DN)
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HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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ANGEL FERNANDEZ,
CASE NO. C12-5426RBL
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Petitioner,
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ORDER DENYING MOTION TO
AMEND OR VACATE JUDGMENT
v.
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RONALD FRAKER,
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Respondent.
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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.
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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
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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.
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It is therefore ORDERED that Plaintiff’s Motion for Reconsideration incorrectly styled a
4 Motion to Amend or Vacate Judgment [Dkt. #16] is DENIED.
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Dated this 29th day of November, 2012.
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A
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Ronald B. Leighton
United States District Judge
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ORDER DENYING MOTION TO AMEND OR
VACATE JUDGMENT- 2
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