Opinion
CIVIL ACTION NO. 5:08-cv-221-DCB-MTP.
August 5, 2008
ORDER
BEFORE the Court is Plaintiff's motion [10] to reconsider the "strike" portion of the Final Judgment entered in this cause. On July 14, 2008, this Court entered a Memorandum Opinion and Final Judgment dismissing this case as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Since this case was dismissed pursuant to the above mentioned provision of the Prison Litigation Reform Act, it counts as a "strike" under 28 U.S.C. § 1915(g). This Court does not have the authority to alter the "strike portion" of the dismissal. Furthermore, the Court finds Plaintiff's assertion that he filed this case under a mistaken belief that the relevant pending case, 5:08cv147, was either "not accepted or dismissed" to be disingenuous. A cursory review of the filings in both cases and the dates the pleadings were filed clearly indicate otherwise. As such,
This case was dismissed without prejudice to the Plaintiff's prosecution of his duplicative pending suit, civil action number 5:08-cv-147-DCB-MTP and in all other respects with prejudice.
IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff's motion [10] to reconsider the "strike" portion of the Final Judgment entered in this cause is denied.