Sims v. Randall et al

Filing 12

MEMORANDUM AND ORDER - Plaintiff's Motion to Alter or Amend Judgment (filing no. 10 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL JOSEPH SIMS,
Plaintiff,
v.
GARY B. RANDALL, et al.,
Defendants.

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4:12CV3074

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion to Alter or Amend Judgment, filed
pursuant to Federal Rule of Civil Procedure 59(e). (Filing No. 10.) In his Motion, Plaintiff seeks
reconsideration and reversal of the court’s June 11, 2012, Memorandum and Order which dismissed
Plaintiff’s Complaint because it contained claims that could not be brought in an action under “42
U.S.C. § 1983 until Plaintiff first obtains a favorable outcome in a habeas corpus or similar
proceeding.” (Filing No. 8.) The court has carefully reviewed Plaintiff’s Motion and finds no good
cause for amendment or alteration of any portion of its June 11, 2012, Memorandum and Order.
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Alter or Amend Judgment (filing
no. 10) is denied.
DATED this 20th day of July, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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