Birrell v. Knauf et al

Filing 123

ORDER signed by Judge Garland E. Burrell, Jr on 12/19/14 DENYING 121 Motion for Relief from Judgment. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL,
Aka BELLA-CHRISTINA BIRRELL,
Plaintiff,

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ORDER

v.

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No. 2:10-CV-1707-GEB-CMK-P

KEITH HARLAN KNAUF, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to

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42 U.S.C. § 1983. Final judgment was entered on February 27, 2014, and plaintiff has appealed.

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Pending before the court is plaintiff’s motion for relief from judgment pursuant to Federal Rule of

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Civil Procedure 60(b).

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Under Rule 60(b), the court may grant reconsideration of a final judgment based

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on, among other things: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly

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discovered evidence which, with reasonable diligence, could not have been discovered within ten

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days of entry of judgment; and (3) fraud, misrepresentations, or misconduct of an opposing party.

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A motion for reconsideration on any of these grounds must be brought within a reasonable time

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and no later than one year of entry of judgment. See Fed. R. Civ. P. 60(c)(1).

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In the pending motion, plaintiff is seeking relief under Rule 60(b)(3) “. . .based

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upon misrepresentation and misconduct by the opposing party in this action. . . .” Plaintiff cites

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various alleged discovery abuses committed by defense counsel. These contentions, however,

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were litigated during the course of discovery in this case, and again at the summary judgment

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phase, and the court does not find any basis for revisiting those issues.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for relief from

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judgment (Doc. 121) is denied.

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Dated: December 19, 2014

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