Jones v. Lombardi et al

Filing 9

MEMORANDUM AND ORDER re: 8 MOTION for Reconsideration re 5 Order of Dismissal pursuant to 28U.S.C.1915(g) filed by Plaintiff Eugene Kenneth Jones motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 1/28/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
EUGENE KENNETH JONES,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants.

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No. 1:13CV0007 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for reconsideration. The Court
previously dismissed this action under 28 U.S.C. § 1915(g). Plaintiff contends that his previous
dismissals were not strikes because they were actions for declaratory judgment. See Jones v. Joyce,
4:10CV0369 FRB (E.D. Mo.) (civil action proceeding under 28 U.S.C. § 1915(e) for declaratory
judgment); Jones v. Joyce, 4:09CV1972 CEJ (E.D. Mo.) (same).
The instant motion is frivolous. Title 28 U.S.C. § 1915(g) applies to all civil actions,
including actions seeking declaratory judgments. As a result, the motion will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration [ECF No. 8] is
DENIED.
Dated this 28th day of January, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE