Nastasio v. CMS - Correctional Medical Services et al

Filing 110

ORDER denying 97 Plaintiff's Motion for Reconsideration and 98 Plaintiff's Motion to Preserve Plaintiff's Lawsuit Against Defendant Sara Stupnianek. Signed on 12/3/12 by District Judge Greg Kays. (Francis, Alexandra) Modified on 12/3/2012 - mailed to plaintiff (Francis, Alexandra).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
JOSEPH A. NASTASIO,
Plaintiff,
v.
SARA STUPNIANEK,
Defendant.

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Case No. 10-06109-CV-SJ-DGK

ORDER DENYING PLAINTIFF’S MOTIONS
Pending before the Court is Plaintiff’s Motion for Reconsideration (Doc. 97) and Plaintiff’s
Motion to Preserve Plaintiff’s Lawsuit Against Defendant Sara Stupnianek (Doc. 98). Finding that
Plaintiff has presented no reasonable basis as to why he is entitled to relief under Fed. R. Civ. P.
60(b)(6), the Court denies Plaintiff’s motion for reconsideration (Doc. 97). See Prudential Ins. Co.
of Am. v. Nat’l Park Med. Ctr., Inc., 413 F.3d 897, 903 (8th Cir. 2005) (finding that Rule 60(b) relief
is an “extraordinary remedy” that is justified only in “exceptional circumstances”).
Plaintiff also requests that the Court direct Crossroads Correctional Center to fire Defendant
Stupnianek from her employment. Plaintiff has asserted no basis under which the Court has
authority to order this, nor does the Court find that Plaintiff has presented any basis to support his
contention that the Defendant is improperly interfering or influencing Plaintiff’s witnesses.
Accordingly, the Court denies Plaintiff’s motion to preserve lawsuit (Doc. 98).
IT IS SO ORDERED.

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT
DATED: December 3, 2012