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Wright v. Sprayberry, 5:19-CV-237 (MTT). (2020)

Court: District Court, M.D. Georgia Number: infdco20200226953 Visitors: 20
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER MARC T. TREADWELL , District Judge . Before the Court is Petitioner Willie Frank Wright Jr.'s motion for reconsideration. Doc. 26. "The only grounds for granting a Rule 59 motion are newly-discovered evidence or manifest errors of law or fact." Jacobs v. Tempur-Pedic Inter., Inc., 626 F.3d 1327 , 1344 (11th Cir. 2010) (citation omitted). A motion for reconsideration may not be "used to relitigate old matters, raise argument or present evidence that could have been raised prior to
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ORDER

Before the Court is Petitioner Willie Frank Wright Jr.'s motion for reconsideration. Doc. 26.

"The only grounds for granting a Rule 59 motion are newly-discovered evidence or manifest errors of law or fact." Jacobs v. Tempur-Pedic Inter., Inc., 626 F.3d 1327, 1344 (11th Cir. 2010) (citation omitted). A motion for reconsideration may not be "used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment." Id. (quotation omitted).

Wright requests the Court reconsider its ruling that the Magistrate Judge had authority to enter a recommendation. Id. at 1. Wright continues to argue about his alleged inability to obtain state court transcripts. Id. at 2. He also asks the Court to reconsider its refusal to allow him to proceed in forma pauperis on appeal. Id.

Wright is doing nothing more than restating the same arguments he made previously and asking the Court to reach a different result. The Court addressed all of Wright's arguments in its February 3, 2020 Order. Doc. 24. As fully explained in that Order, the Magistrate Judge had authority to enter a recommendation in this case. Id. at 2. Wright has not exhausted his state remedies. Id. at 2-11. The delay in the state court is not unreasonable or unexplained; rather it has been caused primarily by Wright's own actions. Id. Plus, Wright has viable state procedures available to him. Id. Thus, this Court may not waive the exhaustion requirement. Id. Given this, Wright has no nonfrivolous issues to raise on appeal. Id. at 12.

In conclusion, Wright's motion for reconsideration is DENIED.

SO ORDERED.

Source:  Leagle

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