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O'Neal v. Newman

United States District Court, N.D. Ohio
Apr 4, 2007
CASE NO. 1:06 CV 2728 (N.D. Ohio Apr. 4, 2007)

Opinion

CASE NO. 1:06 CV 2728.

April 4, 2007


ORDER


This action was summarily dismissed on January 25, 2007, on the ground that plaintiff's claims implicitly challenged the length of his sentence. On February 7, 2007, plaintiff filed a Motion for Reconsideration, requesting that the court permit a proposed amendment of the supplemental complaint, and that the case be reinstated on the basis of the amendment.

The Motion for Reconsideration is denied, as the court was required to dismiss the claims before it as presented in the original pleadings. 28 U.S.C. § 1915A; McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). The dismissal was without prejudice, and plaintiff may therefore file a new case if he wishes.

The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this order could not be taken in good faith.

IT IS SO ORDERED.


Summaries of

O'Neal v. Newman

United States District Court, N.D. Ohio
Apr 4, 2007
CASE NO. 1:06 CV 2728 (N.D. Ohio Apr. 4, 2007)
Case details for

O'Neal v. Newman

Case Details

Full title:WILLIAM B. O'NEAL, Plaintiff, v. ROBERT D. NEWMAN, et al., Defendants

Court:United States District Court, N.D. Ohio

Date published: Apr 4, 2007

Citations

CASE NO. 1:06 CV 2728 (N.D. Ohio Apr. 4, 2007)