McNutt v. Hines

Filing 7

MEMORANDUM & ORDER denying 6 Motion to Amend/Correct. Signed by Senior Judge Thomas B. Russell on 3/23/2012. cc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
JESSE R. MCNUTT
v.

PLAINTIFF
CIVIL ACTION NO. 5:12CV-29-R

ROBERT JEFFREY HINES

DEFENDANT

MEMORANDUM AND ORDER
This Court entered a Memorandum Opinion and Order on March 6, 2012, dismissing the
instant action upon the initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and
McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (DNs 4 and 5). The Court dismissed the
action on grounds that Defendant, a state-court special judge, is entitled to absolute judicial
immunity in regards to Plaintiff’s claims. See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).
Subsequently, Plaintiff filed a “motion to amend” citing Fed. R. Civ. P. 15(a)(1), which governs
amendments to pleadings. Because Plaintiff’s case was dismissed prior to the filing of this motion
to amend, IT IS ORDERED that the motion (DN 6) is DENIED as moot.
Moreover, to the extent that Plaintiff seeks to amend this Court’s Order dismissing the
action, the Court construes the motion as a motion to alter or amend a judgment under Fed. R. Civ.
P. 59(e). Having reviewed Plaintiff’s motion, the Court finds no reason to alter or vacate its prior
decision. Accordingly, Plaintiff’s motion to amend (DN 6) is DENIED.
Date:

cc:

March 23, 2012

Plaintiff, pro se
Defendant
4413.010