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Case 3:05-cv-00062-JAP Document 32 Filed 09/26/2006 Page 1 of 6
APPEARANCES:
Court’s July 18, 2006 Opinion and Order denying Durmer’s petition
(Docket Entry No. 15). This action was closed on July 18, 2006
Dockets.Justia.com
Case 3:05-cv-00062-JAP Document 32 Filed 09/26/2006 Page 2 of 6
reconsideration, the Court will have the Clerk reopen the file.
Rule of Civil Procedure 78. For the reasons stated below, the
motion is granted.
I. BACKGROUND
petition, answer, and state court record, this Court found that
Durmer filed his state PCR petition on or about July 1, 2002, and
his state PCR petition one year earlier than the Court had stated
1
Durmer asserted ineffective assistance of counsel, trial
court bias, and prosecutorial misconduct claims in his petition.
2
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II. ANALYSIS
935 F. Supp. 513, 515 (D.N.J. 1996). The standard for reargument
3
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United States v. Jones, 158 F.R.D. 309, 314 (D.N.J. 1994). The
of new evidence that was not available when the court [issued its
Quinteros, 176 F.3d 669, 677 (3d Cir. 1999)(citing N. River Ins.
Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995)).
The Court will grant a motion for reconsideration only where its
but not considered by, the court in the course of making the
878 (D.N.J.), aff’d, 891 F.2d 283 (3d Cir. 1989). Thus,
4
Case 3:05-cv-00062-JAP Document 32 Filed 09/26/2006 Page 5 of 6
and Casino, Inc., 830 F. Supp. 826, 831 & n.3 (D.N.J. 1992);
Egloff v. New Jersey Air National Guard, 684 F. Supp. 1275, 1279
reject new evidence which was not presented when the court made
U.S.A., Inc., 680 F. Supp. 159, 162 (D.N.J. 1988); see also
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Case 3:05-cv-00062-JAP Document 32 Filed 09/26/2006 Page 6 of 6
fact with respect to the time Durmer filed his state PCR
did file his state PCR petition on July 1, 2001, instead of July
petition and the state court record, on the merits. This review
merits.
III. CONCLUSION
Order follows.