Holland v. Turner et al

Filing 15

MEMORANDUM AND OPINION AND ORDER. ORDERED that Plaintiff's motion for relief from judgment is DENIED. Signed by Judge Marcia A. Crone on 09/10/2008. (lhj, )

UNITED STATES DISTRICT COURT AUGUST HOLLAND, Plaintiff, versus THERESA TURNER, et al., Defendants. § § § § § § § § §

EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 1:07-CV-477

MEMORANDUM OPINION AND ORDER Plaintiff August Holland, an inmate confined at the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983 against Theresa Turner and Charlotte Wilson Discussion A final judgment was entered in the above-styled action, dismissing plaintiff's lawsuit. Plaintiff has filed a motion for reconsideration (docket entry #11). This memorandum considers such motion. Analysis Rule 60(b), FED. R. CIV. P. provides in pertinent part: On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud ..., misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. Plaintiff asserts that he seeks injunctive and declaratory relief. However, in his original complaint, plaintiff sought monetary damages in the amount of $300,000.00. As set forth in the Report adopted in this case, plaintiff's claim for monetary damages is barred under Heck. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994); Rogers v. Department of Corrections, 263 F.3d 163, at *1 (5th Cir. 2001).

After careful consideration, the court concludes that plaintiff's motion fails to set forth a meritorious reason warranting reconsideration of the court's judgment. Accordingly, the motion should be denied. ORDER For the reasons set forth above, plaintiff's motion for reconsideration should be denied. It is therefore,

. ORDERED that plaintiff's motion for relief from judgment is DENIED. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Sherman, Texas, this 10th day of September, 2008.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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