Berry v. Peach, No. 4:2019cv00814 - Document 15 (E.D. Mo. 2019)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for reconsideration of the dismissal of this action [Doc. #14] is DENIED.IT IS FURTHER ORDERED that an appeal of this action would not be taken in good faith. 14 Signed by District Judge Henry Edward Autrey on 6/12/19. (CLA)
Download PDF
Berry v. Peach Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IRVING JAMES BERRY, JR., Plaintiff, v. GEORGE A. PEACH, Defendant, ) ) ) ) ) ) ) ) ) No. 4:19-CV-814 JMB OPINION, MEMORANDUM AND ORDER Before the Court is plaintiff’s motion for reconsideration of the dismissal of his lawsuit. After reviewing the grounds raised by plaintiff, the Court will decline to alter or amend the judgment of this Court. The Court concludes that plaintiff has failed to show that he was under imminent danger at the time he filed the instant action, and therefore this action was properly dismissed under 28 U.S.C. § 1915(g). Plaintiff is therefore not entitled to reconsideration of the dismissal of his lawsuit, and his motion will be denied. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration of the dismissal of this action [Doc. #14] is DENIED. IT IS FURTHER ORDERED that an appeal of this action would not be taken in good faith. Dated this 12thth day of June 2019. __________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE Dockets.Justia.com