Can a court refuse to entertain a motion on a motion that alleges that the motionant was unaware of the relevant facts at the time it was brought?
MultiRegion, United States of America
The following excerpt is from Sanders v. United States, 297 F.2d 735 (9th Cir. 1961):
Where, as here, it is apparent from the record that at the time of filing
[297 F.2d 737]
the first motion the movant knew the facts on which the second motion is based, yet in the second motion set forth no reason why he was previously unable to assert the new ground and did not allege that he had previously been unaware of the significance of the relevant facts, the district court, may, in its discretion, decline to entertain the second motion. Moore v. United States, 108 U.S.App.D.C. 14, 278 F.2d 459.[297 F.2d 737]
Affirmed.
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