Mallett v. Simpler et al

Filing 63

ORDER Denying Plaintiff's 61 Motion to Set Aside a Judgment. By Judge Christine M. Arguello on 01/13/2016. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-02323-CMA-MJW
DAWANE ARTHUR MALLETT,
Plaintiff,
v.

J. MUNOZ, Correctional Officer,
Defendant.

ORDER DENYING PLAINTIFF’S MOTION TO SET ASIDE A JUDGMENT
This matter is before the Court on the Plaintiff’s Motion to Set Aside a Void
Judgment Pursuant to Fed. Rule of Civ. Procedure Rule 60(b)(4) and Supporting 1
Page Exhibit Pursuant to Rule 10(c). (Doc. # 61.)
On May 27, 2015, this Court entered final judgment against Plaintiff and also
imposed sanctions pursuant to Fed. R. Civ. P. 11. (Doc. # 60.) Plaintiff now moves to
set aside the judgment as void, claiming this Court lacked personal jurisdiction over
Plaintiff. (Doc. # 61 at 2.) Plaintiff’s argument is without merit because he fails to
understand that filing suit constitutes consent to a district court’s exercise of personal
jurisdiction. See Rollins v. Inbersoll-rand co., 240 F. App’x 800, 802 (10th Cir. 2007). It
is far beyond dispute that Plaintiff filed suit against Defendant in this Court. (Doc. # 1.)
Accordingly, it is hereby ORDERED that Plaintiff’s Motion to Set Aside a Void
Judgment Pursuant to Fed. Rule of Civ. Procedure Rule 60(b)(4) and Supporting 1
Page Exhibit Pursuant to Rule 10(c) (Doc. # 61) is DENIED.

DATED: January 13, 2016
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge