Mounson v. Walker et al

Filing 184

MEMORANDUM AND ORDER, Denying 182 MOTION for Order to filed by Henry Mounson. Signed by Judge J. Phil Gilbert on 1/9/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HENRY MOUNSON,
Plaintiff,
v.

Case No. 08-cv-760-JPG-PMF

ROBERT E. WALKER, JR. et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Henry Mounson’s petition for rehearing
(Doc. 182), which the Court construes as a motion for relief from judgment pursuant to Federal Rule
of Civil Procedure 60(b). It is well settled that Rule 60(b) relief is an extraordinary remedy and is
granted only in exceptional circumstances. McCormick v. City of Chicago, 230 F.3d 319, 327 (7th
Cir. 2000) (citing Dickerson v. Board of Educ., 32 F.3d 1114, 1116 (7th Cir. 1994)). Rule 60(b)
allows a court “to address mistakes attributable to special circumstances and not merely to erroneous
applications of law.” Russell v. Delco Remy Div. of General Motors Corp., 51 F.3d 746, 749 (7th
Cir. 1995). The rule authorizes a Court to grant relief from judgment for the specific reasons listed in
the rule but does not authorize action in response to general pleas for relief. See Young v. Murphy,
161 F.R.D. 61, 62 (N.D. Ill. 1995). It is also not an appropriate vehicle for addressing simple legal
error, for rehashing old arguments, or for presenting arguments that should have been raised before
the Court made its decision. Russell, 51 F.3d at 749; Rutledge v. United States, 230 F.3d 1041, 1052
(7th Cir. 2000); Young, 161 F.R.D. at 62; In re Oil Spill by “Amoco Cadiz,” 794 F. Supp. 261, 267
(N.D. Ill. 1992), aff’d, 4 F.3d 997 (7th Cir. 1993) (Table). Mounson has not provided any grounds
justifying relief from judgment under Rule 60(b). Accordingly, the Court DENIES his motion (Doc.
182).
IT IS SO ORDERED.
DATED: January 9, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE