Dizzy Dean Wells, Jr. v. Nurse Tyson et al.

Summary

The United States District Court for the Eastern District of Wisconsin denied Dizzy Dean Wells, Jr.'s motion under Federal Rule of Civil Procedure 59(e) to alter or amend the judgment. The court also denied his alternative request to extend the deadline for paying the filing fee, concluding that he had not shown newly discovered evidence, manifest error, or good cause and remained subject to the restrictions of 28 U.S.C. § 1915(g).

Holdings

1. Wells was not entitled to alter or amend the judgment because he did not clearly establish newly discovered evidence or a manifest error of law or fact.
2. The court lacked authority to relieve Wells from the consequences of the three-strikes provision in 28 U.S.C. § 1915(g).
3. Wells was not entitled to an extension of the deadline until after his release because he failed to show good cause for such a lengthy extension.

Questions Presented

1. Whether Wells was entitled to alter or amend the dismissal under Federal Rule of Civil Procedure 59(e).
2. Whether the court could relieve Wells from the consequences of the three-strikes provision in 28 U.S.C. § 1915(g).
3. Whether Wells had shown good cause for an extension of the deadline to pay the filing fee until after his anticipated release.

Disposition

other