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)

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

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