Opinion
No. 1:13CV0007 SNLJ
01-28-2013
EUGENE KENNETH JONES, Plaintiff, v. GEORGE A. LOMBARDI, et al., Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion for reconsideration. The Court previously dismissed this action under 28 U.S.C. § 1915(g). Plaintiff contends that his previous dismissals were not strikes because they were actions for declaratory judgment. See Jones v. Joyce, 4:10CV0369 FRB (E.D. Mo.) (civil action proceeding under 28 U.S.C. § 1915(e) for declaratory judgment); Jones v. Joyce, 4:09CV1972 CEJ (E.D. Mo.) (same).
The instant motion is frivolous. Title 28 U.S.C. § 1915(g) applies to all civil actions, including actions seeking declaratory judgments. As a result, the motion will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for reconsideration [ECF No. 8] is DENIED.
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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE