HENNING, MARK v. JAHNS, RANDL S.

Filing 22

ORDER denying 21 Motion for Reconsideration. Signed by Chief Judge Barbara B. Crabb on 2/23/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - M A R K HENNING, ORDER Plaintiff, 0 6 - c v - 6 5 - jc s 1 v. R AN D L S. JAHNS, B R A D L E Y M. KNAPP and S H A W N BECKER, D efendan ts. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - In a December 15, 2009 order, I denied plaintiff Mark Henning's motion to reopen th is case three years after he voluntarily dismissed it. Now plaintiff has filed a motion for reconsideration of that order, arguing that he has been delayed for so long because he was incarcerated for much of the three-year period, and noting that Judge Shabaz "found merit" in his case by granting him leave to proceed. I will deny plaintiff's motion. Regardless of plaintiff's incarceration, three years is an un reason able time to wait to reopen the case. It is irrelevant that Judge Shabaz granted

Because Judge Shabaz has taken senior status, I am assuming jurisdiction over this case for the purpose of issuing this order.

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plaintiff leave to proceed; the issue is whether plaintiff has sought to reopen his case "within a reasonable time." Fed. R. Civ. P. 60(b). Plaintiff has not shown a persuasive reason for the delay. Plaintiff should understand that because the case was dismissed without prejudice, he remains free to file a new lawsuit containing the same allegations as his previous suit.

ORDER IT IS ORDERED that plaintiff Mark Henning's motion for reconsideration of the co urt's December 15, 2009 order, dkt. #21, is DENIED. E n tered this 23r d day of February, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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