United States v. Joey Antwan Smith
Filing
PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Pasco M. Bowman and Bobby E. Shepherd (UNPUBLISHED) [4170754] [13-2701]
United States Court of Appeals
For the Eighth Circuit
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No. 13-2701
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
2004 Chevrolet Monte Carlo, VIN# 2G1WW12E349209700
lllllllllllllllllllll Defendant
Joey Antwan Smith
lllllllllllllllllllllClaimant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: June 25, 2014
Filed: July 1, 2014
[Unpublished]
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Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Appellate Case: 13-2701
Page: 1
Date Filed: 07/01/2014 Entry ID: 4170754
In this civil forfeiture action, Joey Smith appeals the district court’s1 denial of
his Federal Rule of Civil Procedure 60(b)(6) motion for relief from the judgment.
Upon careful review of the record and the parties’ arguments on appeal, we conclude
that Smith did not present a valid basis for post-judgment relief, and that the district
court did not abuse its discretion in denying his post-judgment motion. See Murphy
v. Mo. Dep’t of Corr., 506 F.3d 1111, 1117 (8th Cir. 2007) (district court’s denial of
Rule 60(b)(6) motion is reviewed for abuse of discretion); see also Arnold v. Wood,
238 F.3d 992, 998 (8th Cir. 2001) (because Rule 60(b) motion cannot substitute for
appeal, appeal from denial of Rule 60(b) motion does not present underlying
judgment for appellate review; Rule 60(b) is not vehicle for simple reargument on
merits); Ivy v. Kimbrough, 115 F.3d 550, 552 (8th Cir. 1997) (attorney’s ignorance
or carelessness does not constitute excusable neglect).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1
The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
-2-
Appellate Case: 13-2701
Page: 2
Date Filed: 07/01/2014 Entry ID: 4170754
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