Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

3-27-2008

Pruden v. SCI Cresson Precedential or Non-Precedential: Non-Precedential

Docket No. 07-3069

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Recommended Citation "Pruden v. SCI Cresson" (2008). 2008 Decisions. Paper 1376. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1376

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 07-3069 ___________

RONALD PRUDEN, Appellant

v.

SCI CRESSON; SCI CAMP HILL; SCI GRATERFORD; SCI HUNTINGDON ____________________________________

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil No. 05-cv-01977) District Judge: Honorable A. Richard Caputo ____________________________________

Submitted for Possible Dismissal Pursuant to

(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 November 16, 2007 Before: BARRY, CHAGARES and ROTH, Circuit Judges

(Opinion filed: March 27, 2008) _________

OPINION _________

PER CURIAM

Appellant, Ronald Pruden, appeals from the order of the United States District

Court for the Middle District of Pennsylvania dismissing his post-judgment motion as

moot. For the reasons that follow, we will dismiss this appeal pursuant to

(e)(2)(B).

On September 30, 2005, Pruden filed a complaint pursuant to

.

The District Court dismissed Pruden’s complaint pursuant to 28 U.S.C.

§ 1915A(b)(1) & (2). Approximately eighteen months later, Pruden filed a motion

requesting the appointment of counsel and the consolidation of his cases. The District

Court denied the motion as moot. Pruden appeals from the denial of his motion.1

Pro se pleadings are liberally construed. Abdul-Akbar v. McKelvie,

(3d Cir. 2001). Accordingly, we will construe Pruden’s motion, which requests

the appointment of counsel and the consolidation of his multiple cases, as seeking post-

judgment relief. To the extent that Pruden sought reconsideration of the District Court’s

order pursuant to Fed. R. Civ. P. 59(e), his motion was untimely. To the extent that

Pruden sought relief pursuant to Fed. R. Civ. P. 60(b), his motion fails to state adequate

grounds for relief. Accordingly, the denial of Pruden’s motion was proper.

For the foregoing reasons, we conclude that this appeal has no arguable basis in

law or fact and will dismiss it pursuant to

(e)(2)(B). Neitzke v.

Williams,

(1989). Pruden’s motion for counsel, motion requesting a

transfer to another prison, and motion for a preliminary injunction are denied.

1 We note that Pruden’s notice of appeal, filed on July 11, 2007, is untimely as to the District Court’s order entered on October 21, 2005, dismissing his complaint. See Fed. R. App. P. 4(a)(1)(A).

2