Moore v. Morris
ORDER. Plaintiff's Motion/Response 20 is Denied. Signed by District Judge Keith Starrett on 10/4/2019 (dtj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
DEVANTAE A. MOORE, #211724
CIVIL ACTION NO. 2:18-cv-189-KS-MTP
ROBERT MORRIS, Investigator for
Jasper County Sheriff’s Department
This matter is before the Court on Plaintiff’s pleading filed on August 27, 2019, and
docketed as a Response .
Having reviewed the Response  as well as the record, the Court
finds that Plaintiff is once again requesting that the Court reconsider the dismissal of this civil
action and reinstate this civil action.
Pl.’s Resp.  at 1.
The Court will liberally construe the Response  as a Motion pursuant to Rule 60(b) of
the Federal Rules of Civil Procedure. See Solsona v. Warden, F.C.I., 821 F.2d 1129, 1132 n. 1
(5th Cir. 1987) (finding that federal courts may construe and re-characterize a pro se prisoner
action “according to the essence of the prisoner’s claims, regardless of the label that the prisoner
places on his complaint”); see also Hernandez v. Thaler, 630 F.3d 420, 427 n.27 (5th Cir. 2011)
(noting that Court must consider the “substance of the relief, not a label” to determine the “true
nature” of the pleading).
As evidenced by the Court’s Memorandum Opinion and Order  entered July 15, 2019,
and Order  entered August 12, 2019, the Court considered the Plaintiff=s allegations and
applied the relevant case law in resolving this matter.
The Court’s decision in the Memorandum
Opinion  and Final Judgment  entered on July 15, 2019, and Order  entered August
12, 2019, were the correct legal findings.
The Court therefore determines that Plaintiff’s Motion
 does not meet any of the grounds required by Federal Rule of Civil Procedure 60(b) to grant
relief from the Final Judgment  or Memorandum Opinion and Order  dismissing this case
or the Order  denying Plaintiff’s Motion  to Alter or Amend the Judgment.
ORDERED AND ADJUDGED that Plaintiff’s Response  is construed as a Motion for
Relief from a Judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s Motion/Response  is
day of October, 2019.
UNITED STATES DISTRICT JUDGE
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