Baxter v. Florida Department of Corrections

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-62301-BLOOM

SADIK BAXTER,

Petitioner,

v.

FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent. / ORDER ON MOTION TO ALTER OR AMEND JUDGMENT THIS CAUSE is before the Court upon Petitioner Sadik Baxter’s Motion to Alter or Amend Judgment Under Federal Rule of Civil Procedure 59(e), ECF No. [32]. For the following reasons, the motion is denied. “[A] Rule 59(e) motion can be granted based only on newly-discovered evidence or manifest errors of law or fact.” Hamilton v. Sec’y, Fla. Dep’t of Corr., 793 F.3d 1261, 1266 (11th Cir. 2015) (citation omitted). Moreover, a Rule 59(e) motion cannot be used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment. See Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007). The Court has carefully considered Petitioner’s 24-page motion and determined that it is based on neither “newly- discovered evidence [nor] manifest errors of law or fact.” Hamilton, 793 F.3d at 1266. The motion is effectively a continuation of the initial Petition — Petitioner adds argument and case cites, but it is an attempt to relitigate old matters. See generally ECF No. [32]; Arthur, 500 F.3d at 1343. As such, relief under Rule 59(e) is not warranted. Case No. 21-cv-62301-BLOOM

Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s Motion to Alter or Amend Judgment, ECF No. [32], is DENIED. The case shall remain closed. DONE AND ORDERED in Chambers at Miami, Florida, on June 2, 2023.

BETH BLOOM UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record Sadik Baxter M81116 Okaloosa Correctional Institution Inmate Mail/Parcels 3189 Colonel Greg Malloy Road Crestview, FL 32539 PRO SE