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GREEN v. TOWNLEY

United States District Court, S.D. Illinois


August 3, 2005.

COTTRELL GREEN, Plaintiff,
v.
JACK TOWNLEY and GUY PIERCE, Defendants.

The opinion of the court was delivered by: DAVID HERNDON, District Judge

MEMORANDUM AND ORDER

The Court previously construed Plaintiff's motion to reconsider (Doc. 6) as filed under Rule 60(b) of the Federal Rules of Civil Procedure, and as such that motion was denied (see Doc. 7). Now before the Court is Plaintiff's motion for relief from judgment (Doc. 8), purported filed under Rule 59(e) of the Federal Rules of Civil Procedure. However, a motion pursuant to Rule 59(e) must be filed "no later than 10 days after entry of the judgment," and a court "may not extend the time for taking any action under Rules. . . . 59(b), (d) and (e), 60(b). . . ." FED.R.CIV.P. 6(b); see also Varhol v. National Railroad Passenger Corp., 909 F.2d 1557 (7th Cir. 1990); Nugent v. Yellow Cab Co., 295 F.2d 794 (7th Cir.), cert. denied, 368 U.S. 828 (1961).

Judgment in this case was entered on May 5, 2005, and the instant motion was not filed until July 29, 2005. Therefore, this Rule 59(e) is DENIED as time-barred.

  IT IS SO ORDERED.

20050803

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