Raleem-X v. Borgerding et al

Filing 16

ORDER Denying Plaintiff's 14 Motion for Relief from Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RALEEM-X a/k/a CURTIS FULLER, #211080, Plaintiff, Case No. 16-cv-12234 Hon. Matthew F. Leitman v. WILLIAMS C. BORGERDING et al., Defendants. ______________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR RELIEF FROM JUDGMENT (ECF #14) Plaintiff Raleem-X a/k/a/ Curtis Fuller (“Raleem-X”) is a Michigan prisoner presently confined at the Michigan Reformatory in Ionia, Michigan. On June 16, 2016, Raleem-X filed a pro-se civil rights complaint pursuant to 42 U.S.C. § 1983 (the “Complaint”). (See ECF #1.) Raleem-X also filed an application to proceed without prepaying the required filing fee under 28 U.S.C. § 1915 (the “Application”). (See ECF #3.) On September 14, 2016, the Court entered an opinion and order in which it denied the Application and dismissed the Complaint without prejudice. (See ECF #6.) In that opinion and order, the Court concluded that Raleem-X was precluded from proceeding without prepaying the required filing fee by the Prison Litigation Reform Act (the “PLRA”), Pub. L. No. 104-134, 110 Stat. 1321 (1996). (See id.) In particular, the Court determined that a federal court on at least three prior occasions had dismissed Raleem-X’s actions as frivolous or for failure to state a claim, and Raleem-X did not show that he was under imminent danger of serious physical injury. (See id. at Pg. ID 88.) The Court entered a judgment against Raleem-X also on September 14, 2016. (See ECF #7.) Raleem-X has now filed a motion for relief from the Court’s opinion and order and judgment on September 14, 2016. (See ECF #14.) The Court DENIES Raleem-X’s motion for relief from the judgment or order (ECF #14) because Raleem-X has still failed to show that he is not precluded by the PLRA from proceeding in this action without prepaying the required filing fee. IT IS SO ORDERED. Dated: January 11, 2018 s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 11, 2018, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 2

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