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Case 1:07-cv-00045-JBS Document 10 Filed 04/19/2007 Page 1 of 7
:
ALFRED FLOWERS, :
:
Petitioner, : Civil No. 07-0045 (JBS)
:
v. :
:
PAUL SCHULTZ, et al., : O P I N I O N
:
Respondents. :
:
APPEARANCES:
BACKGROUND
Dockets.Justia.com
Case 1:07-cv-00045-JBS Document 10 Filed 04/19/2007 Page 2 of 7
prosequedum.
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1
Pursuant to Fed. R. Civ. P. 59(e) and Local Civil Rule
7.1(i), a motion for reconsideration must be served and filed
within ten days of the entry of judgment of the original order or
judgment being challenged. In the instant case, the Court’s
Order denying Petitioner’s habeas petition was entered by the
Clerk of the Court on February 5, 2007. The instant motion was
dated February 15, 2007, by Petitioner. Accordingly, the motion
is timely. See Houston v. Lack, 487 U.S. 266 (1988); Smith v.
Evans, 853 F.2d 155 (3d Cir. 1988); see also Burns v. Morton, 134
F.3d 109, 113 (3d Cir. 1998); In re Flanagan, 999 F.2d 753, 759
(3d Cir. 1993).
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p. 5).
DISCUSSION
law or fact upon which the judgment was based; (2) to present
Mary Kay Kane, Federal Practice and Procedure § 2810.1 (2d ed.
1995); see also Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d
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Supp. 834, 859 n.8 (D.N.J. 1992), aff’d, 37 F.3d 1485 (3d Cir.
“The Court will only entertain such a motion where the overlooked
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not determinative. See Royce v. Hahn, 151 F.3d 116, 118 (3d Cir.
his original filing which was dismissed by this Court, this Court
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discussion.
CONCLUSION
s/ Jerome B. Simandle
JEROME B. SIMANDLE
United States District Judge