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

3-27-2008

Pruden v. Long Precedential or Non-Precedential: Non-Precedential

Docket No. 07-3070

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Recommended Citation "Pruden v. Long" (2008). 2008 Decisions. Paper 1375. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1375

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 07-3070 ___________

RONALD PRUDEN, Appellant

v.

DOCTOR LONG; INMATE EMPLOYMENT WORKER, name unknown at SCI Smithfield

____________________________________

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil No. 06-cv-02007) 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 8, 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 October 12, 2006, Pruden filed a complaint pursuant to

.

Appellees filed a motion to dismiss, which the District Court granted as unopposed.

Approximately three 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 and motion for a

preliminary injunction are denied.

2

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 March 28, 2007, dismissing his complaint. See Fed. R. App. P. 4(a)(1)(A).