Azure v. United States of America, No. 3:2011cv03020 - Document 15 (D.S.D. 2012)

Court Description: OPINION AND ORDER denying 9 MOTION for Reconsideration re 8 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, filed by Tamara Azure. Signed by Charles B. Kornmann on 1/24/12. (SKK)

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UNITED STATES DISTRICT COURT FILED DISTRICT OF SOUTH DAKOTA JAN 25 2012 CENTRAL DIVISION ~~ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ TAMARA AZURE, Petitioner, -vsUNITED STATES OF AMERICA, Respondent. ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ CIV 11-3020 OPINION AND ORDER ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Petitioner timely filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 on September 28, 2011, and an amended motion on October 7, 2011, challenging her two assault convictions and the consecutive sentences that she received for those offenses. Her motions were summarily denied. She has filed a motion to reconsider. This court summarily denies motions for reconsideration. The process of seeking reconsideration could be transfonned into an endless chain of motions, filing a motion to reconsider the denial of the motion to reconsider, ad infinitum. As Judge Loken observed in his opinion in Wilkins v. Hartford Life and Accident Insur. Co., 299 F.3d 945, 948 (8th Cir. 2002): "Such motions (to reconsider) are frequently a futile waste of time for both the parties and the trial court." Petitioner contends that she filed two separate motions to vacate as to each of her assault convictions. I addressed the issues she raised in both her motions and summarily dismissed all claims she raised in those motions. Now, therefore, IT IS ORDERED that petitioner's motion for reconsideration, Doc. 9, is denied. Dated this ~rf!day of January, 2012. BY THE COURT: ATTEST: JOSEPH HAAS, Clerk ~k~~k DEP TY (SEAL)

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