Opinion
04-C-582-C.
September 1, 2004.
ORDER
Judgment was entered in this action on August 23, 2004, dismissing this civil action without prejudice. Now petitioner Donald Lee Pippin, Jr. has filed a letter dated August 24, 2004, which I construe as a motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59.
The order of dismissal is misdated January 23, 2004. It should have been dated August 23, 2004.
In his motion, petitioner Pippin disagrees with this court's decision to require him to file a lawsuit separate from inmate Steindorf. However, he does not contend that this court's ruling is contrary to law. Since Rule 59(e) was not intended to create a mechanism for simply rearguing issues that have been decided, plaintiff's motion to alter or amend the August 23 judgment must be denied.
If petitioner intends to appeal from the dismissal of this action, he has thirty days from the date of the entry of this order in which to file a notice of appeal. See Fed.R.App.P. 4(a)(4)(A)(iv). I express no opinion here whether such an appeal would have to be certified as taken in bad faith.
ORDER
IT IS ORDERED that plaintiff's motion to alter or amend the judgment entered in this case on August 23, 2004 is DENIED.