BURTON v. THE CITY OF FRANKLIN et al

Filing 45

ENTRY Concerning Selected Matters - The plaintiff's motion for reconsideration is 39 DENIED. The 33 motion to dismiss of defendants the City of Franklin, Mayor Fred L. Paris, and Franklin Police Chief Stan Lynn is fully at issue based on the plaintiff's failure to respond to such motion and the passage of the deadline by which a response by him was to be filed. (copy to Plaintiff via US Mail). Signed by Judge Jane Magnus-Stinson on 11/15/2011. (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

THOMAS W. BURTON,
Plaintiff,
vs.
THE CITY OF FRANKLIN, et al.,
Defendants

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1:11-cv-0267-JMS-TAB

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
The plaintiff’s motion for reconsideration [39] is denied. See Patel v.
Gonzales 442 F.3d 1011, 1015-1016 (7th Cir. 2006) (“A motion to reconsider asks that
a decision be reexamined in light of additional legal arguments, a change of law, or an
argument that was overlooked earlier . . . .”). In this instance, due consideration was
given to the plaintiff’s claims and the motion to dismiss of defendants Burton and Mears,
and the proper ruling was made as to that motion. The portion of the motion for
reconsideration in which the possible filing of a supplemental complaint is mentioned is
barren of the suggestion of the content of such a document; the court cannot and will
not speculate as to such matter.
2.
The motion to dismiss of defendants the City of Franklin, Mayor Fred L.
Paris, and Franklin Police Chief Stan Lynn is fully at issue based on the plaintiff’s failure
to respond to such motion and the passage of the deadline by which a response by him
was to be filed.
IT IS SO ORDERED.

11/15/2011
Date: __________________

All Electronically Registered Counsel
Thomas W. Burton
67 Sebring Ct.
Whiteland, IN 46184

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana