Robertson v. Marques

Background

Edward S. Robertson moved under Federal Rule of Civil Procedure 59(e) for reconsideration of the court’s June 13, 2019 order. That order adopted a May 8, 2019 report and recommendation by United States Magistrate Judge Steven E. Rau and dismissed Robertson’s petition for a writ of habeas corpus.

Robertson’s petition sought immediate recalculation of the “good time” credited toward his prison sentence under the First Step Act of 2018. The court had dismissed the petition without prejudice as premature because the First Step Act was not in effect when Robertson filed the petition.

Court’s analysis

Rule 59(e) permits a party to ask the court to alter or amend a judgment within 28 days. Such a motion has a limited purpose: correcting a clear legal or factual error or presenting newly discovered evidence.

Robertson argued that newly discovered evidence showed the Bureau of Prisons had selectively granted prisoners additional good-time credit consistent with the First Step Act. The court stated that, even accepting this evidence as true, it did not change the legal conclusion that the Act was not in effect when Robertson filed his petition or when the court entered its earlier order.

The court also addressed the fact that July 19, 2019—the date the First Step Act was due to take effect—had passed. It stated that Robertson still had to present his claim to the Bureau of Prisons before seeking habeas relief in federal court. Robertson also referenced Rule 60(b)(3) and alleged that the Bureau of Prisons had caused an erroneous decision through fraud or negligence, but the court noted that he provided no factual support for that allegation.

Disposition

Judge Wilhelmina M. Wright ordered that Robertson’s motion to reconsider be denied. The order did not change the earlier dismissal without prejudice of Robertson’s habeas petition.