Opinion
08-cv-636-bbc.
June 5, 2009
ORDER
In an order entered November 18, 2008, I dismissed plaintiff's complaint, concluding that he had pleaded himself out of court on his Eighth Amendment claim by alleging that defendants took action to address plaintiff's medical needs. Plaintiff appealed, and the Court of Appeals for the Seventh Circuit affirmed.Johnson v. Heinzl, Case No. 08-4034, slip op. (7th Cir. Jan. 20, 2009) (unpublished opinion), dkt. #15 in this case. Now plaintiff has filed a motion in this court for reconsideration of the November 18, 2008 order dismissing the case, arguing that it was error to dismiss his complaint without first allowing him an opportunity to amend his complaint. It is far too late for plaintiff to challenge the November 18, 2008 decision on that ground. If he believed it was error to dismiss his case without allowing him a chance to amend his complaint, he should have moved to alter or amend the judgment pursuant to Fed.R.Civ.P. 59 within ten days of entry of judgment before he filed his appeal, or he might have argued that point before the court of appeals. His chance to raise that argument has passed. Plaintiff's motion for reconsideration, dkt. #17, is DENIED.