Bourgeau
Bourgeau v. Corrections Corp. of America
Opinion
Lead Opinion
MEMORANDUM ***
Francois Bourgeau appeals the district court’s denial of his motion for reconsideration of the dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 , 1 and we affirm.
I
On January 28, 2002, Bourgeau’s Amended Complaint was dismissed for failure to state a claim, with 30 days leave to amend. On March 1, 2002, Bourgeau moved for an extension of time to file the Amended Complaint. On April 19, 2002, the district court granted Bourgeau’s motion for an extension of time, allowing an additional 30 days to file the Amended Complaint. The order stated that if Bourgeau failed to file his Amended Complaint on the court-approved form within 30 days of the April 19, 2002 order, the action would be dismissed. The Amended Complaint was not received before the court’s deadline. On June 5, 2002, the clerk entered an order dismissing the complaint and action without prejudice.
*696 Bourgeau moved for reconsideration and submitted an Amended Complaint in July 2002. The district court denied the Motion for Reconsideration and directed the clerk to strike the Amended Complaint. Bourgeau appeals the denial of the Motion for Reconsideration.