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Pinkston-El-Bey v. State

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 20, 2009

AARON DOYLE PINKSTON-EL-BEY, PLAINTIFF,
v.
STATE OF ILLINOIS, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Before the Court is Plaintiff Pinkston-El-Bey's motion to alter or amend judgment, filed pursuant to Rule 59(e) of the Federal Rules of Civil Procedure (Doc. 17). Judgment was entered in this action on January 30, 2009 (Doc. 11), and this motion was not filed until March 12, 2009. A motion pursuant to Rule 59(e) must be filed "no later than 10 days after entry of the judgment." Therefore, the motion is untimely. The Court also lacks jurisdiction because a notice of appeal has been filed (see Doc. 13). Kusay v. United States, 62 F.3d 192, 193 (7th Cir. 1995) (citing Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)).

The instant motion is DISMISSED for lack of jurisdiction.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20090420

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