AJABU v. HAMILTON COUNTY PROSECUTOR'S OFFICE et al

Filing 48

Entry Denying Motion to Set Aside the Judgment and Request for Leave to Amend Pleadings - Accordingly, the motion to set aside the judgment and for leave to amend pleadings [dkt 47 ] is denied. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/7/2017. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

KOFI MODIBO AJABU,
Plaintiff,
vs.
HAMILTON COUNTY PROSECUTOR’S
OFFICE,
WAYNE STURTEVANT former Hamilton
County Prosecutor,
KEN ROBERTS Kofi Ajabu’s defense
attorney,
ROBERTS & BISHOP LAW OFFICE,
ESTATE OF KEVIN SCIONTI deceased,
Kofi Ajabu defense attorney,
SONIA LEERKAMP former Hamilton
County prosecutor,
BRUCE LEMMONS Commissioner, Indiana
Department of Corrections,
ERIC K. KOSELKE appeals attorney,
Defendants.

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No. 1:16-cv-02613-TWP-DKL

Entry Denying Motion to Set Aside the Judgment
and Request for Leave to Amend Pleadings
Plaintiff Kofi Modibo Ajabu filed a motion to reconsider the ruling granting the motion
to dismiss. Because the motion was filed within 28 days of the date judgment was entered in this
action, it is treated as a motion to amend judgment pursuant to Rule 59 of the Federal Rules of
Civil Procedure.
“Rule 59(e) allows a court to amend a judgment only if the petitioner can demonstrate a
manifest error of law or present newly discovered evidence.” Heyde v. Pittenger, 633 F.3d 512,
521 (7th Cir. 2011) (internal quotation omitted); United States v. Resnick, 594 F.3d 562, 568 (7th

Cir. 2010). “A manifest error is not demonstrated by the disappointment of the losing party. It is
the wholesale disregard, misapplication, or failure to recognize controlling precedent.” Oto v.
Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) (internal quotations omitted).
“Relief under Rules 59(e) and 60(b) are extraordinary remedies reserved for the exceptional
case….” Foster v. DeLuca, 545 F.3d 582, 584 (7th Cir. 2008).
Ajabu points out that the action was dismissed without prejudice and asserts now that he
“has consolidated its new filing to a claim which this Court can address.” But he has identified
no error in the ruling dismissing the case, which would allow him leave to amend. If he believes
he has a viable claim that can form the basis of a lawsuit, Ajabu must file a new action. This
matter is closed. Accordingly, the motion to set aside the judgment and for leave to amend
pleadings [dkt 47] is denied.
IT IS SO ORDERED.

Date: 3/7/2017

Distribution to all electronically registered counsel of record and by U.S. mail to:
KOFI MODIBO AJABU
955750
WABASH VALLEY - CF
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
CARLISLE, IN 47838