CUTAIA v. MCNEIL

Filing 56

ORDER denying 50 Motion for Reconsideration re 45 Order and 51 MOTION to Statement Rights as to Pleadings and Court Filings for the Record Pro Se, both filed by THOMAS JOSEPH CUTAIA ; signed by SENIOR JUDGE MAURICE M PAUL on 5/14/09. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION THOMAS JOSEPH CUTAIA, Plaintiff, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Defendants. _____________________________/ ORDER This matter is before the Court on Doc. 50, Plaintiff's Motion for Reconsideration, and Doc. 51, Plaintiff's "Motion to Statement Rights as to Pleadings and Court Filings for the Record, Pro Se." On February 27, 2009, Plaintiff filed an untimely notice of appeal (Doc. 35) of this Court's December 10, 2008, order (Doc. 25) adopting the Magistrate's Report and Recommendation (Doc. 20) and dismissing Plaintiff's amended complaint. On April 17, 2009, the Court issued an order (Doc. 45) denying Plaintiff's motion for leave to appeal in forma pauperis (Doc. 44). Plaintiff now seeks reconsideration of that order. Plaintiff's motions are frivolous. Moreover, as this matter is currently docketed before the Eleventh Circuit, the Court is without jurisdiction to grant the requested relief. Accordingly, it is hereby ORDERED AND ADJUDGED: The motions at Doc. 50 and Doc. 51 are DENIED. DONE AND ORDERED this 14th day of May, 2009 CASE NO. 4:08-cv-00329-MP-WCS

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge