Williams v. Sessions ( 2018 )

UNITED S'I``ATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DAVID WILLIAMS, )
Petitioner, )
v. `` ' ) Civil Action No. 18~0520 (TNM)
JEFF SESSIONS, )
`` )
.Respondent. )
'MEMORANDUM AND ORDER
The Court dismissed/the petitioner’s petition for a writ of habeas corpus for lack of
- Subject matter jurisdiction. This matter has come before the Court on the petitioner’s l\/lotion to
- -Alter and/or Amend Judgment Pursuant'to Federal Rule of Civil Procedure 59(e); and I\/Iotion for
Default Summary Judgment for _a Writ oi`` I-Iabeas Corpus Pursuant to Federal Rule of Civil
. Procedure 156; and Motion to Amend Findings and Conclusions of Law Pursuant to Federal Rule
' of Civil Procedure 52(b), ECF No. 4; Motion for immediate Determination of Petition_er’S
15 ederal Rule of Civil Procedure 59(e) Motion, and Motion for Federal Rule of Civil Procedure l
52(a)(1): Findings and-Conclusions by the Court, ECF _No. 5', and Petition for Mandamus, ECF
NO. 6.- ' ' ' '
l The Court treats the petitioner’S motions collectively as a' motion under Rule 59(€), Which
“provides a vehicle for reconsideration of final judgments.” Hentffv. Obama, 883 F. Supp. 2d
971 100 tD.D.C. 2012). A motion under Rule 59(e) “need-not be granted unless the district court
finds that there is an intervening change of controlling law, the availability of new evidence, or
the need _to correct a clear error or prevent manifest injustice.l" Firestc)ne 'v. Firestoné, 76 F.3d
1205, 1208 (D.C. Cir. 1996). lt “is' not a second opportunity to present argument upon Which the
1
Court has already ruled, nor is it a means to bring before the __Court theories or arguments that
could havebeen advanced earlier.”_`` WC.`` cch.N. Miller Cos. v. Um``ted States, 173 F.R.D. 1, 3
(D.D.C. 1997),-¢1_]§“€! sub nom Hi``cks'v. Um'ted Stares, No. 99-5010, 1999 WL 414253 (D.C.Cir-_
-l\/Iay 17, 1999) (per curiam)-b
l l Here, it appears that the petitioner offers substantially the same arguments set forth in the
original petition --And regardless of the speci-fic_legal theories presented,'the petitioner maintains
that his detention in federal custody is unlawful, as»__i_t violates the Constitution, laws, or treaties
of the United States. lf any relief is available to the petitioner on such a theory, he must seek it
in the district having jurisdiction over his immediate custodian,-Who in this case is the Warden of
FCI Terminal lsland in San Pedroi lCalifornia. Se'e Rumsfeld v. Padilla, 542 U.S. 426', 434-35
(2004); Day v. Trump, 860 F.3d 686, 689 (D.C. Cir. 2017). The Court concludes that the
petitioner has not shown that the relief he seel<_s under -Rule 89(e) is warranted
l ' Accordingly, it is'hereby l
. ORDERED that the petitioner’s l\/Iotion to Alter and/or Amend Judgment Pursuant to l
Federal Rul``e of Civil Procedure 59(e); and Motion for Default Summary'Judgmer-lt for a Writ of
Habeas Corpus -f’ursuant to Federal Rule of Civil Procedure 56', and Motion to Amend Find'ings 7
and Conc_lusions of Law Pursuant to Fed_eral Rule of Civil Procedure 52(b) [4]; l\/lotion for l
Immediate Determination of Petiti'oner’s Federal Rule_ of Civil Procedur-e 59(e) Motion, and
Motion for Federal Rule of Civil Procedure- 52(a)('1): Finding``s and 'Conclusions by the C_ourt [5];
ana ramon for Mandamus {6] are DENIED.
so oRDER_ED.
Dated: July 9, 2018
United States`` District 'Judg_e