SYKES v. ELLIOT et al
Filing
31
ENTRY Concerning Selected Matters. Plaintiff's 28 29 30 Additional Post-Judgment Motions are Denied. The court adds that the plaintiff's claim for damages as a result of the adjudication in this action is not properly appended to the action, especially following the issuance of final judgment. The plaintiff is aware of his new lawsuit docketed as No. 1:12-cv-12-RLY-DML and may proceed as directed and permitted in that case. A copy of the motions referred to in this Order shall be included with the plaintiff's copy of this Order. (copy to plaintiff via U.S. Mail). Signed by Judge Jane Magnus-Stinson on 1/25/2012. (MAC)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
MARRICCO A. SYKES,
Plaintiff,
v.
MR. ELLIOT, et al.,
Defendants.
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No. 2:11-cv-185-JMS-MJD
Entry Concerning Selected Matters
Motions require reasons. Rule 7(b)(1) states in relevant part, "An application to
the court for an order shall be made by motion which, unless made during a hearing or
trial, shall be made in writing, shall state with particularity the grounds therefor, and
shall set forth the relief or order sought." Fed.R.Civ.P. 7(b)(1). In the Seventh Circuit,
"particularity" has been interpreted to mean "reasonable specification." Talano v.
Northwestern Med. Faculty Found., Inc., 273 F.3d 757, 760 (7th Cir. 2001).
Because the plaintiff’s additional post-judgment motions [28], [29] and [30] lack
a coherent statement of reasonable specification for the relief sought or the reasons
therefor, those motions are denied. The court adds that the plaintiff’s claim for
damages as a result of the adjudication in this action is not properly appended to the
action, especially following the issuance of final judgment. The plaintiff is aware of his
new lawsuit docketed as No. 1:12-cv-12-RLY-DML and may proceed as directed and
permitted in that case.
A copy of the motions referred to in this Order shall be included with the
plaintiff’s copy of this Order.
IT IS SO ORDERED.
01/25/2012
Date: _____________________
Distribution:
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Marricco A. Sykes
08155-062
Lewisburg U.S.P
Inmate Mail/Parcels
P.O. Box 1000
Lewisburg, PA 17837
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