KIDERLEN v. WEBBER et al
ENTRY Discussing Selected Matters - A copy of the plaintiff's statement filed on January 27, 2012 13 , shall be included with the distribution of this Entry. Any relief which his post-judgment "statement" and other filings can be construed to seek is denied. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 2/13/2012.(RSF)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
STEVEN D. KIDERLEN,
E. RICHARD WEBBER, et al.,
Entry Discussing Selected Matters
A copy of the plaintiff’s statement filed on January 27, 2012 , shall be
included with the distribution of this Entry.
It is unclear what the plaintiff seeks through his post-judgment filings. The
most that might be inferred from those filings is that the plaintiff is dissatisfied
with the disposition of the action.
The disposition of this action was the plaintiff’s abandonment of it. This
consisted of his motion for voluntary dismissal filed on January 5, 2012. A party's
voluntary action in obtaining an order may estop him from seeking relief from that
order. 11 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure
§ 2858, at 282 (1995). See Shackleton v. Food Mach. & Chem. Corp., 248 F.2d 854
(7th Cir. 1957) (where plaintiff dismissed defendant from suit, court's refusal to
vacate order dismissing defendant was not abuse of discretion). Apart from that
principle, moreover, the action was dismissed without prejudice. Reinstatement is
not an available avenue when, as here, a case is dismissed without prejudice.
Rather, “after a dismissal without prejudice, the plaintiff can resurrect his lawsuit
only by filing a new complaint.” U.S. v. Ligas, 549 F.3d 497, 503 (7th Cir. 2008)
(noting that “[t]here is a difference between dismissing a suit without prejudice and
dismissing a suit with leave to reinstate”).
Based on the foregoing, therefore, any relief which his post-judgment
“statement” and other filings can be construed to seek is denied.
IT IS SO ORDERED.
Steven D. Kiderlen
Atwater U.S. Penitentiary
P.O. Box 019001
Atwater, CA 95301
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
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