may proceed in any lawful manner not inconsistent with these rules, or any applicable statute, and may apply the Federal Rules of Criminal Procedure or the Federal Rules of Civil Procedure, whichever it deems most appropriate, to motions filed under these rules.” Section 2255 Rule 12. The issue presented to the court has been determined by both the Seventh and Second Circuit Courts of Appeal. There being no rules in the Federal Rules of Criminal Procedure which apply to this issue, the Court of Appeals for the Seventh Circuit found that “district courts should apply Rule 59(e) [of the Federal Rules of Civil Procedure] to motions to reconsider section 2255 orders.” United States v. Gargano, 826 F.2d 610, 611 (7th Cir.1987); see also United States v. Clark, 984 F.2d 31, 32 (2nd Cir.1993) (<HOLDING>); United States v. Ginsburg, 705 F.Supp. 1310,
holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged order holding that a motion to reconsider filed after the entry of final judgment must be considered a motion to correct error recognizing that rule 59e permits a district court to reconsider and amend a previous order holding that rule 60b is necessarily applicable if the motion to reconsider is filed more than ten days after the order disallowing the claim even if the motion is couched as one under section 502j and even though the objection to the claim was not litigated holding that rule 59e applies to a motion to reconsider