LINDER v. DEA ADMINISTRATOR

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION DAVID W LINDER, ) Plaintiff, ) V. No. 2:20-cv-00037-JPH-MJD DEA ADMINISTRATOR, Defendant. ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT Mr. Linder has a filed a motion to correct error, dkt. 17, which the Court construes as a motion for relief from judgment under Federal Rule of Civil Procedure 60(b), see dkt. 16. Mr. Linder argues for the first time that he is bringing a First Amendment pre-enforcement challenge related to the religious use of controlled substances. Dkt. 17 at 1. Previously, he argued only that the DEA violated the law in its scheduling of controlled substances. Dkt. 1; dkt. 3; dkt. 14; see dkt. 8; dkt. 15. A motion for relief from judgment "may not be used to propound new legal theories that could have been raised prior to entry of judgment." Parvati Corp. v. City of Oak Forest, Ill, 630 F.3d 512, 516 (7th Cir. 2010). Mr. Linder's motion is therefore DENIED. Dkt. [17]. This case shall remain closed on the docket. SO ORDERED. Date: 9/18/2020 S| avn Patrick \+ James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution:

DAVID W LINDER 25913-048 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808