Taylor v. Warden of Allendale Correctional Institution, No. 0:2011cv01456 - Document 35 (D.S.C. 2011)
Court Description: OPINION AND ORDER denying 34 Motion to Alter Judgment Signed by Honorable Cameron McGowan Currie on 12/19/11.(jada, ) Modified on 12/19/2011 to edit text(jada, ).
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Dion Orlando Taylor, ) ) Petitioner, ) ) v. ) ) Warden of Allendale Correctional ) Institution, ) ) Respondent. ) ___________________________________ ) C/A NO. 0:11-1456-CMC-PJG OPINION and ORDER This matter is before the court on Petitioner s pro se motion to Alter or Amend Judgment. ECF No. 34 (filed Dec. 14, 2011). The Fourth Circuit Court of Appeals has interpreted Rule 59(e) of the Federal Rules of Civil Procedure to allow the court to alter or amend an earlier judgment: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Becker v. Westinghouse Savannah River Co., 305 F.3d 284, 290 (4th Cir. 2002) (quoting Pac. Ins. Co. v. Am. Nat l Fire Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998)). Whatever may be the purpose of Rule 59(e) it should not be supposed that it is intended to give an unhappy litigant one additional chance to sway the judge. Atkins v. Marathon LeTourneau Co., 130 F.R.D. 625 (S.D. Miss. 1990). Petitioner s motion is reargument of material submitted in opposition to the Report and Recommendation of the Magistrate Judge. Petitioner s motion is an attempt to have one additional chance to sway the judge. Id. Therefore, Petitioner s motion is denied. 1 IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina December 19, 2011 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
