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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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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CV13-08199-PCT-DGC (JFM)
CR10-08036-PCT-DGC

Plaintiff/Respondent,

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No.

ORDER
v.
Richard Larry Self,
Defendant/Movant.

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Movant Richard Larry Self has filed a motion under Rule 60(b)(1) and (3), arguing

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that the Court’s previous judgment in this matter should be set aside. Even if the Court

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were not to construe this as a second and successive § 2255 motion over which it would

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lack jurisdiction, the motion would be untimely.

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Rule 60(c)(1) requires that motions under Rule 60(b)(1) and (3) be filed no more

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than one year after entry of the judgment or order challenged. The Court’s order and

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judgment in this case were entered on April 16, 2015, more than one year before this

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motion was filed. Docs. 35, 36. The fact that Movant attempted to appeal the Court’s

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decision does not alter the one-year time limit. The Tool Box, Inc. v. Ogden City Corp.,

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419 F.3d 1084, 1087 (10th Cir. 2005).

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IT IS ORDERED that Movant’s motion (Doc. 40) is denied as untimely.

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Dated this 22nd day of November, 2016.

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