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Sherman v. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 12, 2009

JOSEPH A. SHERMAN, PETITIONER,
v.
EDMUND G. BROWN, JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motion at Docket No. 47]

Petitioner Joseph A. Sherman, a former county prisoner, proceeding pro se in this proceeding, has timely moved this Court under Federal Rule of Civil Procedure 59(e) to alter or amend the decision and judgment of this Court entered on July 22, 2009.*fn1

This Court may grant relief under Rule 59(e) under limited circumstances: an intervening change of controlling authority, new evidence has surfaced, or the previous disposition was clearly erroneous and, if uncorrected, would work a manifest injustice.*fn2 In his motion Sherman does not put forth any new evidence, nor has there been an intervening change in controlling authority. Sherman's arguments are essentially a rehash of the arguments he presented in his petition. The Court finds those arguments to be as unpersuasive as re-presented in the instant motion as they were initially. The previous disposition by this Court was not clearly erroneous.

IT IS THEREFORE ORDERED THAT the Motion for Relief from Judgment at Docket No. 47 is DENIED.

IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability.*fn3 Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See Fed. R. App. P. 22(b); Ninth Circuit R. 22-1.


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