GEORGE L. RUSSELL, III, District Judge.
THIS MATTER is before the Court on Petitioner Merrick Barrington Stedman's Motion to Alter and/or Amend the Judgment (ECF No. 34). The Motion is ripe for review, and no hearing is necessary.
On January 26, 2015, Stedman filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (the "Petition") in the United States District Court for the District of Maryland.
On April 23, 2019, this Court issued a Memorandum Opinion and Order dismissing Stedman's Petition, reasoning that Stedman's Petition was time-barred because it was untimely filed and did not meet any of the exceptions to the statute of limitations. (ECF Nos. 30, 31). Specifically, the Court found that Stedman was not entitled to statutory or equitable tolling, nor had he made a showing of actual innocence such that the Court may consider his Petition in spite of its untimeliness.
In assessing the timeliness of the Petition and any possible basis for tolling, the Court noted that Stedman's convictions became final in 1994 and the one-year window for filing a federal habeas petition after the enactment of the Antiterrorism and Death Penalty Act of 1996 ("AEDPA") closed in April 1997, yet Stedman did not file the instant Petition until 2015. (
Turning to his actual innocence claim, the Court found that Stedman failed to meet his burden of establishing that no juror acting reasonably would have voted to find him guilty beyond a reasonable doubt in light of the new evidence presented in his Petition. (
Next, presuming that the Vogelson and Baker affidavits constituted new evidence, the Court weighed the affidavits against the evidence presented at trial and found that "Stedman's situation does not present the extraordinary case where it is more likely than not that no reasonable juror would have convicted him in light of the affidavits." (
On May 9, 2019, Stedman filed a Motion to Alter and/or Amend the Judgment set forth in the Court's April 23, 2019 Memorandum Opinion and Order. (ECF No. 34). To date, the Court has no record that Respondents filed an Opposition.
A motion to alter or amend is governed by Rule 59(e) of the Federal Rules of Civil Procedure. Pursuant to Rule 59(e), a district court may alter or amend a final judgment under three circumstances: "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice."
A Rule 59(e) amendment is "an extraordinary remedy which should be used sparingly."
In his Motion, Stedman offers additional information to explain the delay between his receipt of the affidavits in 2005 and his motion to re-open the state court proceedings in June 2008. Stedman explains that after he secured the affidavits in 2005, he hired an attorney to assist him in filing a Freedom of Information Act ("FOIA") request with the police, presumably to obtain copies of any statements the affiants provided to police. (Mot. Alter/Amend. J. at 2, ECF No. 34). Stedman contends that his attorney failed to act in a timely manner to obtain the information and refused to move to re-open the state proceedings while the FOIA request was pending. (
At bottom, Stedman's Motion does not state adequate grounds for the Court to reconsider its Memorandum Opinion and Order dismissing his Petition. Stedman fails to identify an intervening change in controlling law, new evidence that was not available at the time the Court ruled on Stedman's Petition, a clear error in the Court's reasoning, or a manifest injustice resulting from the Court's ruling. Moreover, although Stedman offers an explanation for the delay between his receipt of the affidavits and his motion for post-conviction relief, this explanation does not undermine the Court's findings that Stedman was not entitled to statutory or equitable tolling and Stedman had not met his burden of showing actual innocence. Stedman does not offer any justiciable reason why the Court should revise its April 23, 2019 Memorandum Opinion and Order and consider Stedman's Petition timely. Put simply, Stedman may not relitigate the issue of the timeliness of his Petition merely because he disagrees with the findings in the Court's April 23, 2019 ruling.
For the foregoing reasons, the Court will deny Stedman's Motion to Alter and/or Amend the Judgment (ECF No. 34). A separate Order follows.