Opinion
3:23-CR-00070
06-03-2024
UNITED STATES OF AMERICA v. KYLAN D. MANNING (01)
KAYLA D. MCCLUSKY, MAG. JUDGE
ORDER
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE
Pending before the Court is a Motion for Reconsideration [Doc. No. 73] filed by Defendant, Kylan D. Manning. Movant asks the Court to reconsider its Judgment [Doc. No. 72] adopting the report and recommendations of the Magistrate Judge [Doc. No. 70].
While there is no motion for reconsideration per se, there is a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e). The Fifth Circuit has explained that a Rule 59(e) motion “calls into question the correctness of a judgment,” but “is not the proper vehicle for rehashing evidence, legal theories, or arguments that could have been offered,” or were offered, “before the entry of judgment.” Templet v. HydroChem, Inc., 367 F.3d 473, 478-79 (5th Cir. 2004) (citations and internal quotation marks omitted). The Court has considered the Motion. Accordingly, IT IS ORDERED that the Motion is GRANTED, and the Court's May 29, 2024, Judgment [Doc. No. 72] adopting the report and recommendations of the Magistrate Judge is VACATED.