IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
JOHN WINFIELD ) ) Plaintiff, ) ) v. ) No. 4:14-1022 ) TROY STEELE, Warden, et al., ) ) Defendants. )
DEFENDANTS’ MOTION TO ALTER OR AMEND JUDGMENT PURSUANT TO RULE 59 (e)
The Court should alter or amend its “Memorandum and Order” (Doc. 16) and its “Preliminary Injunction and Stay of Execution” (Doc.17), pursuant to Rule 59(e), and because events after entry of judgment demonstrate the suit is moot. Rule 59(e) relief is available in limited circumstances, including the need to correct manifest errors of law and fact, and including the availability of new evidence since the judgment.
United States v. Metro. St. Louis Sewer Dist.,
440 F.3d 930, 933 (8
Cir. 2006). The Court’s June 12, 2014 order and judgment is based on the Court’s premise that the Governor’s Office is unaware of Terry Cole’s declaration to Winfield’s clemency counsel (Doc. 16, p. 9). As the Court description of the witnesses’s testimony shows (Doc 16, pp. 1-8), Winfield presented no evidence to prove that factual issue at the June 10, 2014 hearing. Winfield made no showing that the Governor is unaware of Cole’s statements to clemency counsel.