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- ilcd;;2:16-cv-02003_de13 RegisterActionDate "2016-06-28" @default.
- ilcd;;2:16-cv-02003_de13 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 06/28/2016. Plaintiff had filed his complaint alleging that his sentence was not properly calculated and that he has been held too long in custody. The Court dismissed Plaintiff's Complaint as barred under Heck v. Humphrey, 512 U.S. 477, 487 (1994) and judgment entered on May 31, 2016. Plaintiff files 9 a Motion to Amend alleging that the Court misunderstood his complaint and that, if allowed to amend, he could support his claim. Plaintiff's Motion is construed as a timely Motion to Alter or Amend Judgment under Fed. R. Civ. P. 59(e). Motions for reconsideration under Rule 59(e) serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence. "A manifest error is not demonstrated by the disappointment of the losing party. It is the wholesale disregard, misapplication, or failure to recognize controlling precedent." Oto v. Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000). The Court can discern no such errors as its dismissal of the complaint was based on its adherence to controlling precedent. 9 is DENIED. Plaintiff files 10 requesting a 60-day extension in which to file his appeal. Fed. R. App. P. 4 (a)(5)(A) provides that the District Court may extend the time to file a notice of appeal if the requesting party moves within the 30 day time period provided. The District Court may extend the time 30 days beyond the original date, or 14 days after the date of the Order allowing the extension, whichever is later. Fed. R. App. P. 4(a)(5)(C). 10 is GRANTED to the extent that Plaintiff will be given an additional 30 days, until 7/30/16, in which to file the Notice of Appeal. No further extensions may be given. (JS, ilcd) (Entered: 06/28/2016)" @default.
- ilcd;;2:16-cv-02003_de13 AdministrativeID "None" @default.
- ilcd;;2:16-cv-02003_de13 hasJudgeReference SJ001502 @default.
- ilcd;;2:16-cv-02003_de13 hasReferenceToOtherEntry ilcd;;2:16-cv-02003_de11 @default.
- ilcd;;2:16-cv-02003_de13 hasReferenceToOtherEntry ilcd;;2:16-cv-02003_de12 @default.