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Austin v. Miner

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 9, 2006

HAROLD G. AUSTIN, PETITIONER,
v.
JONATHAN MINER, RESPONDENT.

The opinion of the court was delivered by: Judge Caputo

ORDER

Petitioner, Harold G. Austin, a federal prisoner confined at the Allenwood United States Penitentiary in White Deer, Pennsylvania, commenced this pro se action with a petition for writ of habeas corpus (Doc. 1) filed pursuant to the provisions of 28 U.S.C. §2241. Respondent is Jonathan Miner. Petitioner is challenging the validity of his conviction and sentence imposed by the District of Columbia Superior Court in 1981. By Order dated May 9, 2006 (Doc. 12), this Court concluded that relief was precluded by the provisions of District of Columbia Code § 23-110(g), and the petition was summarily dismissed. Presently before the court is Petitioner's motion for reconsideration (Doc. 13) of the Order dismissing the case. The purpose of a motion for reconsideration is to correct manifest errors of law or fact or to present newly discovered evidence. Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985). Upon consideration of the pending motion, the Court finds that Petitioner has failed to provide the evidence required for a successful motion for reconsideration.

ACCORDINGLY, THIS 9 th DAY OF JUNE, 2006, IT IS HEREBY ORDERED THAT Petitioner's motion for reconsideration (Doc. 13) is DENIED.

A. RICHARD CAPUTO United States District Judge

20060609

© 1992-2006 VersusLaw Inc.



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