IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
September 4, 2009
ALLAH, A/K/A KEVIN KERR, THE MOORISH SCIENCE TEMPLE OF AMERICA, INC. PLAINTIFF
MISS HOLLENBACH, DEFENDANT
The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge
Before the court is a motion for relief from judgment entered July 29, 2005. The motion is filed pursuant to Federal Rule of Civil Procedure 60(2)*fn1 and (b)(6). Plaintiff alleges that this court failed to consider relief to the plaintiff under the Religious Land Use & Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc - 2(a)(b).
The initial complaint raised the RLUIPA and it was dismissed for failure to state a cause of action (doc. 10, July 29, 2005). A motion for reconsideration was denied on October 13, 2005 (doc. 21). A motion to reopen the case based on the same reasons (RLUIPA) was denied on April 14, 2006 (doc. 25).
Plaintiff does not present any new argument or any argument that could not have been made previously. The motion will be denied as legally frivolous.
IT IS HEREBY ORDERED THAT the motion for relief from judgment is DENIED.