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Stanley v. Select Portfolio

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 23, 2008

ARTHUR L. STANLEY, PLAINTIFF,
v.
SELECT PORTFOLIO, JUDY KENT, THOMAS D. BASMAJIAN, MATT HOLLINGSWORTH, JAMES OZANNE, SELECT PORTFOLIO SERVICING, INC., SPS HOLDING CORP., AND HARRIS TRUST AND SAVINGS BANK, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiff Arthur L. Stanley's Rule 59(e) Motion (Doc. 63). On May 9, 2008, the Court entered final judgment against Stanley, dismissing his complaint with prejudice. The Court also denied as moot all pending motions. A notice of appeal was given on July 18, 2008, after the Court granted Plaintiff's Motion for Extension of Time to File Notice of Appeal. Stanley contends that the Court's entry of final judgment against him is inconsistent with the Court's subsequent order to grant him additional time to file his appeal. Stanley asserts that the underlying judgment should be amended or altered.

According to Federal Rule of Civil Procedure 59(e), "a motion to alter or amend a judgment must be filed no later than 10 days after the entry of the judgment." Fed.R.Civ.Pro. 59(e). Final judgment was entered on May 9, 2008. Stanley did not file the present Motion until July 18, 2008, well after the expiration of the 10 day requirement. Therefore, the Court DENIES Plaintiff's Rule 59(e) Motion (Doc. 63).

IT IS SO ORDERED.

20080723

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