Robertson (ID 76205) v. McCullough et al
Filing
21
MEMORANDUM AND ORDER ENTERED: Plaintiff's motion for relief from judgment 20 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 09/25/18. Mailed to pro se party Joshua J. Robertson by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOSHUA J. ROBERTSON,
Plaintiff,
v.
CASE NO. 17-3211-SAC
ALEYCIA McCULLOUGH, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter is a civil rights action filed under the Religious
Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 20000cc-1
to -5. On December 22, 2017, the Court summarily dismissed this action
for failure to state a claim for relief. The U.S. Court of Appeals
for the Tenth Circuit affirmed the dismissal on August 2, 2018.
On September 19, 2018, plaintiff filed a motion for relief from
judgment (Doc. #20) alleging that both orders are void.1 Plaintiff
appears to argue that the Court erred in failing to notify him that
his complaint had been converted to a motion for summary judgment and
allowing him an opportunity to respond. He reasons that because he
was not given that opportunity, the judgment is void and should be
set aside.
Plaintiff seeks relief under Federal Rule of Civil Procedure
60(b)(4). A judgment is void under that provision only where the court
rendering that judgment was powerless to enter judgment, that is, “it
lacked jurisdiction of the subject matter, or of the parties, or acted
The Court cannot address any challenge to the order entered by the Tenth Circuit.
This order addresses only plaintiff’s challenge to its Memorandum and Order
dismissing this case (Doc. #8).
1
in a manner inconsistent with due process of law.” United States v.
Buck, 281 F.3d 1336, 1344 (10th Cir. 2002)(quoting In re Four Seasons
Sec. Laws Litig., 502 F.2d 834, 842 (10th Cir. 1974)).
Here, the Court screened plaintiff’s complaint under 28 U.S.C.
§ 1915A(a), which directs the federal courts to conduct a preliminary
review of complaints filed by prisoners seeking relief from a
governmental entity of officer or employee. Under that provision, the
federal courts may dismiss those complaints that are frivolous,
malicious, or fail to state a claim for relief or that seek money
damages from a defendant who is immune from that relief. 28 U.S.C.
§1915A(b). In evaluating the complaint, the Court considered the
complaint and the exhibits submitted by the plaintiff but did not
consider any materials from outside that record which might require
notice to plaintiff and the opportunity to respond. The Court’s review
was conducted within the scope of 28 U.S.C. § 1915A, and plaintiff
has not shown that the judgment in this matter is void for any reason.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motion for
relief from judgment (Doc. #20) is denied.
IT IS SO ORDERED.
DATED:
This 25th day of September, 2018, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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