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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

L. T. TUCKER, JR.,

Plaintiff,

CASE NO. 2:09-CV-13247

v. HONORABLE AVERN COHN

NICK LUDWICK, et al.,

Defendants.

_______________________________/

ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION

AND/OR FOR RELIEF FROM JUDGMENT

I.

This is a prisoner civil rights case under 42 U.S.C. § 1983. The Court denied

Plaintiff’s application to proceed without prepayment of fees and costs and dismissed

his complaint without prejudice pursuant to the “three strikes” provision of 28 U.S.C. §

1915(g). See Order filed August 26, 2009.

Before the Court is plaintiff’s motion for reconsideration and/or for relief from

judgment. For the reasons that follow, the motion is DENIED.

II.

First, to the extent that Plaintiff seeks reconsideration of the Court’s decision, his

motion must be denied. A motion for reconsideration must be filed within 10 days after

entry of the court’s judgment or order. See Local Rule 7.1(g)(1). Plaintiff’s proof of

service for his motion is dated September 21, 2009 – 26 days after the court’s

judgment. His motion for reconsideration is therefore untimely and may be denied on

this ground. 

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Moreover, plaintiff’s motion fails to satisfy the requirements for reconsideration. 

He has not shown a palpable defect by which the Court has been misled show or that a

different disposition must result from a correction thereof, as required by Local Rule

7.1(g)(3).

Finally, even if the motion was considered to have been brought within a

reasonable time under Rule 60(b), he is not entitled to relief. Under Rule 60(b), a

district court will grant relief from a final judgment or order only upon a showing of one

of the following reasons: 

(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered

evidence which by due diligence could not have been discovered in time to move

for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated

intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) the judgment is void; (5) the judgment has been satisfied, released, or

discharged, or a prior judgment upon which it is based has been reversed or

otherwise vacated, or it is no longer equitable that the judgment should have

prospective application; or (6) any other reason justifying relief from the operation

of the judgment. 

Fed. R. Civ. P. 60(b). 

Plaintiff has made no such showing. The Court properly dismissed the case

without prejudice because plaintiff did not establish that he is under imminent danger of

serious physical injury so as to fall within the exception to the three strikes rule. 

SO ORDERED.

______________________

 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: September 25, 2009

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I hereby certify that a copy of the foregoing document was mailed to L.T. Tucker, Jr.

#132271, St. Louis Correctional Facility, 8585 N. Croswell Road, St. Louis, MI 48880

and the attorneys of record on this date, September 25, 2009, by electronic and/or

ordinary mail.

 s/LaShawn R. Saulsberry 

Case Manager, (313) 234-5160

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