Riggs v. Warden - Ware State Prison

Filing 16

ORDER denying 12 Motion under Rule 60(b). Signed by Judge William T. Moore, Jr on 8/12/15. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DARREN DAVID RIGGS,

HLEO
U.S. O1STRCT COURT
SAVANNAH DIV.

)

Petitioner,

AUG12 ZOIS

)
CLERK
)SO. DISIOFGA
CASE NO. CV415-057

WARDEN - WARE STATE PRISON,
Respondent.

ORDER
Before the Court is Petitioner's Motior Under Rule
60(b) and to Amend Habeas Corpus Petition Under Rule 15(a).
(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:
or
surpris,
inadvertence,
(1) mistake,
excusable neglect;
with
that
evidence
discovered
(2) newly
reasonable diligence, could not have been
discovered in time to move for a new trial
under Rule 59(b);
(3) fraud (whether previously called intrinsic
or
misrepresentatiob,
extrinsic),
or
misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, rleased,
,earlier
or discharged; it is based on an r
judgment that has been reversed orVacated;
or applying it prospectively is no longer
equitable; or
(6) any other reason that justifies relief.
After a careful review of Petitioner's motion and the
record in this case, the Court concludes that petitioner is

not entitled to relief under Rule 60 (b) . Accodingly, this
portion of Petitioner's motion is DENIED.
Petitioner also seeks to amend his complaint as a
matter of right pursuant to Federal Rule of Civil Procedure
15 (a) . However, the Eleventh Circuit Court

of Appeals has

"adopt[ed] the rule that after a complaint is dismissed the
right to amend under Rule 15(a) terminates." Czeremcha v.
Int'l Ass'n of Machinists & Aerospace Workers,AFL-CIO, 724
F.2d 1552, 1556 (11th Cir. 1984) . Because Petitioner first
moved to amend after the dismissal of his complaint, this
portion of Petitioner's motion must also be DENIED.
SO ORDERED this /day of August 2015.

'(
WILLIAM T. MOORE,
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA