Brown, III v. Hooks

Filing 14

ORDER denying re 12 Motion to Vacate Judgments and Orders. Signed by Judge William T. Moore, Jr on 3/28/19. (loh)

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IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIA

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SAVANNAH DIVISION

KURTIS LEE BROWN,

SO.DJ;iT. CP GA.

Petitioner,
CASE NO. CV414-223

V.

WARDEN BRAD HOOKS, Johnson
State Prison,

Respondent.

ORDER

Before the Court is Petitioner's "Affidavit to Vacate Void

Judgments and Orders," which this Court construes as a Federal
Rule of Civil Procedure 60(b) motion. (Doc. 12.) Federal Rule of

Civil Procedure 60(b) permits the Court to relieve a party from

a final judgment, order, or preceding for the following reasons:
(1)

mistake,

inadvertence,

surprise,

or

excusable

neglect;

(2)

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

(3)

fraud (whether previously called intrinsic
extrinsic), misrepresentation, or misconduct

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

(4)

(5)

or
by

an opposing party;
the judgment is void;

the judgment has been satisfied, released, or
discharged; it is based on an earlier judgment
that has been reversed or vacated; or applying it

(6)

prospectively is no longer equitable; or
any other reason that justifies relief.

Petitioner

requests

orders that "adjudicate

that
him

^a

this

Court

state

vacate

as

void

all

prisoner.'" (Id. at 1.)