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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?