Opinion
03 CIV. 6987 (DLC) (RLE).
January 15, 2010
MEMORANDUM OPINION ORDER
Stanley Jackson filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on September 10, 2003, challenging his conviction at trial in 1998. That petition was denied on October 11, 2006. Jackson v. Phillips, No. 03 Civ. 6987 (DLC), 2006 WL 2930202 (S.D.N.Y. Oct. 11, 2006). Jackson filed a motion for reconsideration pursuant to Fed.R.Civ.P. 60(b) on March 17, 2008, that was denied on March 27, 2008 in a Memorandum Opinion and Order. Jackson v. Phillips, No. 03 Civ. 6987 (DLC), 2008 WL 821831 (S.D.N.Y. Mar. 27, 2008). He filed another motion for reconsideration pursuant to Fed.R.Civ.P. 60(b) on October 19, 2009, which was denied by Memorandum Opinion and Order on November 4, 2009. Jackson v. Phillips, No. 03 Civ. 6987 (DLC), 2009 WL 3644033 (S.D.N.Y. Nov. 4, 2009). On November 19, this Court's Pro Se Office received from Jackson a motion for reconsideration pursuant to Fed.R.Civ.P. 59(e) that was dated November 16.
In the November 19 motion, Jackson attacks the November 4th Memorandum Opinion and Order on the ground that the Court decided his motion for reconsideration without requiring the respondent to file any opposition. He also argues that his habeas proceeding was deficient because the Rule 60(b) Court did not follow Supreme Court and Circuit Court precedent. Jackson, however, does not identify the misapplied precedent.
"Rule 59(e) permits a court to alter or amend a judgment, but it may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment." Exxon Shipping Co. v. Baker, 554 U.S. ___, 128 S. Ct. 2605, 2617 n. 5 (2008) (citation omitted). "District courts may alter or amend judgment to correct a clear error of law or prevent manifest injustice." Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004) (citation omitted).
Jackson's motion does not identify any error of law or identify any facts that were overlooked. Accordingly, it is hereby
ORDERED that Jackson's November 19, 2009 Rule 59(e) motion is denied.
SO ORDERED: