Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Watson

United States District Court, E.D. Michigan, Southern Division

March 20, 2018

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
KEVIN WATSON, Defendant/Petitioner.

          ORDER DENYING WATSON'S: (1) RULE 59(E) MOTION TO ALTER OR AMEND JUDGMENT [DOC. 927]; (2) MOTION TO APPOINT COUNSEL [DOC. 931]; AND (3) FED. R. CRIM. P 41(G) MOTION FOR FULL ACCOUNTING [DOC. 935]

          Victoria A. Roberts United States District Judge.

         I. INTRODUCTION

         On January 13, 2017, the Court entered an order denying Kevin Watson's 28 U.S.C. § 2255 motion to vacate, set aside or correct sentence.

         Following that order, Watson filed three motions which are now before the Court: (1) motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e); (2) motion to appoint counsel; and (3) motion for a full accounting under Federal Rule of Criminal Procedure 41(g).

         Watson's motions are DENIED.

         II. DISCUSSION

         A. Motion to Amend or for Reconsideration [Doc. 927]

         Watson filed his motion to amend/for reconsideration on March 21, 2017. In his reply brief, Watson clarifies that his motion is a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). [Doc. 940, PgID 15245].

         The government says: (1) Watson's Rule 59 motion is untimely because it was not filed within 28 days of the Court's order; and (2) the Court should construe Watson's new claims (i.e., arguments Watson did not make in his § 2255 motion) as a motion to file a second or successive application for § 2255 relief because the time for seeking appellate review of the order expired.

         Under Rule 59, a party must file a motion to alter or amend a judgment “no later than 28 days after the entry of the judgment.” Fed.R.Civ.P. 59(e). And, “[g]enerally, petitioners have 60 days [after entry of the judgment] to appeal from the denial of a § 2255 motion.” Gillis v. United States, 729 F.3d 641, 643 (6th Cir. 2013) (citing Fed. R. App. P. 4(a)(1)(B) and Rule 11(b) of the Rules Governing § 2255 Proceedings for the United States District Courts).

         However, because the Court did not enter a separate judgment as required by Fed.R.Civ.P. 58(a), the judgment was not considered “entered” until 150 days after the order denying Watson's motion was entered:

Generally, petitioners have 60 days to appeal from the denial of a § 2255 motion, see Fed. R. App. P. 4(a)(1)(B) and Rule 11(b) of the Rules Governing § 2255 Proceedings for the United States District Courts (Habeas Rules), but Gillis had 210 days to file his appeal because the district court failed to enter a separate judgment, as required by Federal Rule of Civil Procedure 58(a).
Gillis had sixty days to file his appeal from the time the judgment was entered. See Fed. R. App. P. 4(a)(1)(B). However, the district court's judgment was not considered ‘entered' until February 6, 2012-150 days after it denied the § 2255 motion-because Federal Rule of Appellate Procedure 4(a)(7) defines a judgment as entered 150 days after entry in the civil docket in the absence of a separate judgment required under Civil Rule 58(a). Fed. R. App. P. 4(a)(7)(A)(ii). Civil Rule 58(a) requires a separate judgment for all decisions or orders, except for those made pursuant to Civil Rules 50(b), 52(b), 54, 59 or 60, see Fed.R.Civ.P. 58(a), none of which applies to Gillis's [§ 2255] motion. Because the district court denied Gillis's motion in a ‘Memorandum of Opinion and Order, ' and did not enter a separate judgment as required under Appellate Rule 4(a)(7) and Civil Rule 58(a), Gillis ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.