Winding v. Sanders et al

Filing 88

ORDER denying 87 Motion to reopen case Signed by Honorable David C. Bramlette, III on 3/23/2016 (ECW)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION JAMES WINDING, #K8115 PLAINTIFF VS. CIVIL ACTION NO. 5:12-cv-88(DCB)(JMR) LILLIE BLACKMON SANDERS; ADAMS COUNTY JAIL; CRAIG GODBOLD; KEVIN COLBERT; NATCHEZ POLICE DEPARTMENT; CHRISTOPHER EPPS; and RONNIE HARPER DEFENDANTS ORDER This cause is before the Court on the plaintiff James Winding’s Motion to Arrest Order #86 Based upon Mail Box Rule (docket entry 87). Being fully advised in the premises, the Court finds that the Final Judgment dismissing this case with prejudice was entered on March 6, 2013. The plaintiff did not file a notice of appeal within 30 days of the entry of judgment, and did not timely file a Rule 59(e) motion nor a Rule 60(b) motion. To the extent that the present pleading can be construed as a motion to reopen this civil case, it must be denied for the same reasons the plaintiff’s previous motions to reopen this case were denied. docket entries 82 and 86. See Accordingly, IT IS HEREBY ORDERED that the plaintiff James Winding’s Motion to Arrest Order (docket entry 87) is DENIED as untimely. SO ORDERED, this the 23rd day of March, 2016. /s/ David Bramlette UNITED STATES DISTRICT JUDGE

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