Miller v. Brown et al

Filing 66

ORDER denying 64 Motion to Set Aside Judgment. Signed by Judge J. Randal Hall on 01/17/2014. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

TRACY ANTHONY MILLER,

*

Plaintiff,

*

v.

*

DENNIS BROWN,

Warden,

et al.,

CV 112-166

*

Defendants.

*

ORDER

Presently pending

before

to set aside judgment.

(Doc.

Court

dismissed

Procedure 11

this

and 28

case

U.S.C.

the

Court

is

no. 64.)

pursuant

to

Petitioner's

On April
Federal

§ 1915(e)(2)(A)

3,

Rule

motion

2013,
of

the

Civil

because Plaintiff was

"blatantly dishonest" on his sworn motion to proceed in forma
pauperis.

(Doc. no.

60.)

lack of jurisdiction.
Plaintiff

filed

the

Plaintiff's appeal was dismissed for

(Doc.
pending

nos.

62,

motion

65.)
to

On May 10,
set

aside

pursuant to Federal Rule of Civil Procedure 60(b).

2013,

judgment

Plaintiff

alleges that he did not receive the Court's final Order because

an unnamed prison official withheld his legal mail.
states that he
on May 6,

2013.

found out

about the Court's April

3,

Plaintiff
2013 Order

Rule
final

60(b)

permits

judgment

only

the

"under

Court
a

to

relieve

limited

set

a

of

party

from

a

circumstances,"

Gonzalez v. Crosby, 545 U.S. 524, 528 (2005), including:
(1)

mistake,

inadvertence,

surprise,

or

excusable

neglect;

(2) newly
diligence,

discovered evidence that, with reasonable
could not have been discovered in time to

move for a new trial under Rule 59(b);

(3)
fraud
(whether previously called intrinsic
extrinsic),
misrepresentation,
or misconduct by
opposing party;
(4)

or
an

the judgment is void;

(5)
the judgment has been satisfied,
released or
discharged; it is based on an earlier judgment that
has
been
reversed
or
vacated;
or
applying
it
prospectively is no longer equitable; or

(6) any other reason that justifies relief.
Fed.

R.

Civ.

P. 60(b).

"'Under Rule 60(b)(6),

a court may grant

relief for any other reason justifying relief from the operation
of

judgment.

Relief

under

this

clause

is

an

extraordinary

remedy which may be invoked only upon a showing of exceptional
circumstances.'"

1183896,

at *1

Mitchell

(M.D.

v.

Ga. Apr.

Miller,

19,

No.

2007)

4:99-CV-080,

(quoting Crapp v.

of Miami Beach, 242 F.3d 1017, 1020 (11th Cir. 2001)).

for

relief

from

a

final

judgment

discretion of the district court,

are

2007

addressed

to

WL

City

"Motions

the

sound

guided of course by accepted

legal

principles."

Hand v.

U.S.,

441

F.2d

529,

531

(5th Cir.

1971),x
Here,
was

Plaintiff fails to prove his allegation that his mail

withheld

prejudice.

3,

2013

and

further

does

not

warrant

aside judgment in this case.

Accordingly,
64)

to

establish

any

resulting

Plaintiff's alleged non-receipt of the Court's April

Order

allegation

fails

does

not

meet

vacating

that

In summary,
any

of

the

Order

or

setting

Plaintiff's threadbare
Rule

Plaintiff's motion to set aside

60(b)

judgment

criteria.
(doc.

no.

is DENIED.

ORDER ENTERED at Augusta,
January,

Georgia,

this

/ /—

day of

2014.

HONORABtErtT.

RANDAL HALL

UNITED/STATES DISTRICT JUDGE
^RN

1 See Bonner v. City of Prichard, Ala.,

1981)

DISTRICT

661 F.2d 1206,

OF GEORGIA

1207

(11th Cir.

(holding that Fifth Circuit decisions made on or before September 30,

1981, are binding precedent in Eleventh Circuit).