Self v. USA

Filing 41

ORDER denying Movant's 40 Motion as untimely. Signed by Judge David G Campbell on 11/22/2016. (ATD)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, 12 13 CV13-08199-PCT-DGC (JFM) CR10-08036-PCT-DGC Plaintiff/Respondent, 10 11 No. ORDER v. Richard Larry Self, Defendant/Movant. 14 Movant Richard Larry Self has filed a motion under Rule 60(b)(1) and (3), arguing 15 that the Court’s previous judgment in this matter should be set aside. Even if the Court 16 were not to construe this as a second and successive § 2255 motion over which it would 17 lack jurisdiction, the motion would be untimely. 18 Rule 60(c)(1) requires that motions under Rule 60(b)(1) and (3) be filed no more 19 than one year after entry of the judgment or order challenged. The Court’s order and 20 judgment in this case were entered on April 16, 2015, more than one year before this 21 motion was filed. Docs. 35, 36. The fact that Movant attempted to appeal the Court’s 22 decision does not alter the one-year time limit. The Tool Box, Inc. v. Ogden City Corp., 23 419 F.3d 1084, 1087 (10th Cir. 2005). 24 IT IS ORDERED that Movant’s motion (Doc. 40) is denied as untimely. 25 Dated this 22nd day of November, 2016. 26 27 28

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