Lewandowski v. Flemmer

Filing 8

ORDER denying 7 Motion for Reconsideration. Signed by Chief Judge Karen E. Schreier on 3/15/12. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
GREGORY ALLEN
LEWANDOWSKI, also known as
Greg Alan Lewandowski, also
known as Gregory Lewandowski;
Plaintiff,
vs.
JON S. FLEMMER, In his
Administrative Capacity,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Civ. 11-4125-KES

ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiff, Gregory Lewandowski, filed a motion to reconsider. On
October 19, 2011, this court dismissed Lewandowski’s case because it was
essentially an attempt to reassert claims this court rejected in a prior lawsuit,
Lewandowski v. Flemmer, 10-4058. Thus, Lewandowski failed to state a claim
upon which relief may be granted and his case was dismissed pursuant to 28
U.S.C. § 1915(e)(2).
Lewandowksi now asserts that “someone in the United States District
Court of South Dakota wants to fraud a pro se claimant by passing a phony
to state a claim dismissal in hopes that the pro se claimant will not notice the
dismissal was not authorized by signature Chief Judge Karen E. Schreier
(bythe court) or attested by the Clerk, as with the official filing stamp by the
clerk.” This contention is false. The order that Lewandowski asserts is false

was entered by this court, signed by the judge, and properly filed.
A review of this court’s docket demonstrates that this action is the third
time Lewandowski has resorted to the federal courts on the same or a similar
set of claims. See Lewandowski v. Flemmer, Civ. No 10-4058 and
Lewandowski v. SWST Fuel et. al, Civ. No. 07-4159. The court also notes that
Lewandowski has been warned that filing repetitive and frivolous motions
with this court could subject him to sanctions under Rule 11 of the Federal
Rules of Civil Procedure. See Lewandowski v. Flemmer, Civ. No 10-4058,
Docket 19. If Lewandowski is unhappy with this court’s resolution of his
claims, he may file an appeal with the Eighth Circuit Court of Appeals.
Therefore, it is
ORDERED that Lewandowski’s motion to reconsider (Docket 7) is
denied.
Dated March 15, 2012.
BY THE COURT:

/s/ Karen E. Schreier___________________
KAREN E. SCHREIER
CHIEF JUDGE