Gray v. Houston

Full title: RANDALL W. GRAY, Petitioner, v. ROBERT HOUSTON, Respondent

Court: United States District Court, D. Nebraska

Date published: Feb 28, 2008

4:07CV3099 (D. Neb. Feb. 28, 2008)

Opinion

4:07CV3099.

February 28, 2008

ORDER

LYLE STROM, Senior District Judge

This matter is before the Court on petitioner's motion to reconsider (Filing No. 29), and respondent's motion to dismiss petitioner's motion to reconsider (Filing No. 33). Rule 52(b) provides:

On a party's motion filed no later than 10 days after entry of judgment, the court may amend its findings. . . .

If it were treated as a motion for new trial, Rule 59(b) provides:

Any motion for a new trial shall be filed no later than 10 days after entry of judgment.

Petitioner's motion is not timely filed and will, therefore, be denied. Accordingly,

IT IS ORDERED:

1) Respondent's motion to dismiss petitioner's motion to reconsider is granted;

2) Petitioner's motion for reconsideration is denied.