Jonathan Michael Brown v. Warden of Perry Correctional Institution

Summary

The United States District Court for the District of South Carolina denied Jonathan Michael Brown’s motion for a certificate of appealability. Construing the motion as one to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), the court held that it was untimely because it was filed more than 28 days after the judgment and did not warrant reconsideration.

Holdings

1. A motion seeking reconsideration of the court's prior decision denying a certificate of appealability was properly construed as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e).
2. A motion to alter or amend a judgment must be filed no later than 28 days after entry of the judgment, and Brown's motion was untimely because it was filed more than 120 days after the order denying a certificate of appealability.
3. Rule 59(e) relief is limited to an intervening change in controlling law, newly discovered evidence, or correction of a clear error of law or prevention of manifest injustice; it may not be used to raise arguments that could have been made before judgment or to rehash issues already decided.

Questions Presented

1. Whether Brown's motion seeking a certificate of appealability should be construed as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e).
2. Whether the Rule 59(e) motion was timely when filed more than 28 days after entry of the judgment.
3. Whether the court should grant reconsideration of its prior denial of a certificate of appealability.

Disposition

cert_denied