Miller v. Minnesota Public Housing Authority et al

Filing 8

Order Denying 7 Plaintiff Tyrone Dwayne Miller's Request to Reopen. (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 09/02/2009. (LM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Tyrone Dwayne Miller, Plaintiff, v. Minnesota Public Housing Authority, Lori Swanson, Defendants. This matter is before the Court on Plaintiff Tyrone Miller's "request to reopen case." Miller seeks relief from this Court's Order of September 14, 2007, summarily dismissing his Complaint and denying his application to proceed in forma pauperis. Federal Rule of Civil Procedure 60(b) allows a party to seek relief from a final judgment for reasons such as mistake, inadvertence, excusable neglect, newly discovered evidence, fraud, misrepresentation, or misconduct. Fed. R. Civ. P. 60(b)(1)-(6). Miller invokes the Rule, but does not explain why he is entitled to the relief he seeks. He offers no facts to establish any fraud, newly discovered evidence, or even mistake or excusable neglect. Rather, he states that he "believ[es]" that a home at issue in his lawsuit "was bought and placed in Mr. Miller name from settlement with the Minnesota Department of Corrections." A Motion under Rule 60(b) requires more than Miller's belief that he might be entitled to relief from a judgment entered nearly two years ago. Miller must show that the circumstances warrant re-opening this matter. He has failed to meet his burden. ORDER Civil No. 07-3761(PAM/JSM)

Accordingly, IT IS HEREBY ORDERED that Plaintiff Tyrone Dwayne Miller's request to reopen (Docket No. 7) is DENIED.

Dated: Wednesday, September 2, 2009

s/ Paul A. Magnuson
Paul A. Magnuson United States District Court Judge

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