Simmons v. Woods
ORDER Denying 25 Motion for Relief from Judgment. Signed by District Judge Sean F. Cox. (JMcC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number: 2:11-CV-11869
HONORABLE SEAN F. COX
ORDER DENYING PETITIONER’S
MOTION FOR RELIEF FROM JUDGMENT
On February 27, 2014, the Court denied Michigan state prisoner Niko Simmons’
petition for a writ of habeas corpus on the ground that it was not timely filed and denied a
certificate of appealability. Petitioner then moved in the Sixth Circuit Court of Appeals
for a certificate of appealability. The Court of Appeals denied the application for a
certificate of appealability. Simmons v. MacLaren, No. 14-1568 (6th Cir. Sept. 30, 2014),
ECF No. 24. This matter is now before the Court on Petitioner’s Motion for Relief from
Judgment. The Court denies the motion.
Petitioner seeks relief from judgment under Fed. R. Civ. P. 60(b)(4). Rule
60(b)(4) provides for relief in circumstances where the underlying judgment is void.
Antoine v. Atlas Turner, Inc., 66 F.3d 105, 108 (6th Cir. 1995). Rule 60(b) motions filed
under Rule 60(b)(4) must be brought “within a reasonable time.” Fed. R. Civ. P.
60(c)(1). Determining whether a motion has been filed within a reasonable time
“ordinarily depends on the facts of a given case including the length and circumstances of
the delay, the prejudice to the opposing party by reason of the delay, and the
circumstances compelling equitable relief.” Olle v. Henry & Wright, Corp., 910 F.2d
357, 365 (6th Cir. 1990). The judgment in this case was entered on February 27, 2014,
and the motion is signed and dated by Petitioner on April 20, 2016, over two years later.
Petitioner provides no explanation for why he waited so long to file his motion. He does
not claim newly-discovered evidence or that he was previously unaware of the basis for
his motion. There are no circumstances compelling equitable relief in this case. Given
these factors, the Court finds that Petitioner’s motion was not filed within a reasonable
Petitioner’s Motion for Relief from Judgment (ECF No. 25) is DENIED.
Dated: October 13, 2016
S/ Sean F. Cox
Sean F. Cox
U. S. District Judge
I hereby certify that on October 13, 2016, the foregoing document was served on counsel
of record via electronic means and upon Niko Simmons via First Class mail at the address
Niko Simmons 197744
Kinross Correctional Facility
4533 W. Industrial Park Drive
Kincheloe, MI 49786
S/ J. McCoy
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