Box v. Nixon et al

Filing 26

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for reconsideration of the dismissal of this action [ECF No. 25] is DENIED. IT IS FURTHER ORDERED that to the extent plaintiff wishes to file an appeal of the dismissal in th e Eighth Circuit Court of Appeals, he should file a separate notice of appeal in this Court forthwith. IT IS FURTHER ORDERED that an appeal of this dismissal would not be taken in good faith. Signed by District Judge E. Richard Webber on May 11, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEITH BOX,
Plaintiff,
v.
JEREMIAH W. NIXON, et al.,
Defendants,

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No. 4:15CV00021 ERW

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for reconsideration of the dismissal
of this action. Having reviewed plaintiff’s motion in detailed, the Court finds that it is without
merit.1 As such, the Court declines to vacate its prior Order of Dismissal.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration of the dismissal
of this action [ECF No. 25] is DENIED.
IT IS FURTHER ORDERED that to the extent plaintiff wishes to file an appeal of the
dismissal in the Eighth Circuit Court of Appeals, he should file a separate notice of appeal in this
Court forthwith.2

1

The majority of plaintiff’s allegations are Aclearly baseless.@ Allegations are clearly baseless if
they are Afanciful,@ Adelusional,@ or Afantastic.@ Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
As noted in the dismissal order, the allegations in the complaint are also factually frivolous under
Denton.
2

Although plaintiff titles his motion one for reconsideration and appeal, it is unclear whether
plaintiff seeks to appeal the dismissal of this action to the Eighth Circuit Court of Appeals or if
he simply seeks “reconsideration” of the dismissal in this Court.

IT IS FURTHER ORDERED that an appeal of this dismissal would not be taken in
good faith.
So Ordered this 11th day of May, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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