Orin Kristich v. United States

Summary

The United States District Court for the District of New Mexico denied Orin Kristich’s objections, construed as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). The court concluded that the objections reargued claims previously resolved in its denial of Kristich’s 28 U.S.C. § 2255 motion and did not establish grounds for relief. The court also granted the government’s motion to strike and struck Kristich’s post-judgment filings.

Holdings

1. Because the objections were filed within twenty-eight days after entry of final judgment, the court construed them as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e).
2. Kristich was not entitled to alter or amend the judgment because his objections presented cumulative arguments that had already been considered and did not establish an intervening change in controlling law, newly discovered evidence, clear error, or manifest injustice.
3. The government's motion to strike was granted, and Kristich's specified post-judgment filings were stricken.

Questions Presented

1. Whether Kristich's objections should be construed as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Kristich demonstrated an intervening change in controlling law, newly discovered evidence, clear error, or manifest injustice warranting alteration or amendment of the judgment.
3. Whether the government's motion to strike Kristich's post-judgment filings should be granted.

Disposition

other