Morrison v. United States of America

Filing 17

MEMORANDUM AND ORDER re: 16 ORDERED that petitioner's "motion to vacate or amend judgment obtained by fraud upon the court" [ECF No. 16] is DENIED. Signed by District Judge Jean C. Hamilton on 10/16/13. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WINSTON G. MORRISON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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No. 4:09CV1961 JCH

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s “motion to vacate or amend
judgment obtained by fraud upon the court” under Rule 60(b)(3) of the Federal Rules
of Civil Procedure. The motion is denied.
On December 21, 2009, the Court denied petitioner’s petition for writ of audita
querela because petitioner’s only avenue for relief was under 28 U.S.C. § 2255. In
his motion for relief from judgment, petitioner does not put forth any argument to the
contrary. Nor has petitioner alleged any facts that demonstrate fraud upon the Court.
“A motion under Rule 60(b) must be made within a reasonable time–and for
reasons (1), (2), and (3) no more than a year after the entry of the judgment or order
or the date of the proceeding.” As a result, petitioner’s motion is untimely.
Moreover, the motion has not set forth any facts demonstrating that petitioner is
entitled to relief.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s “motion to vacate or amend
judgment obtained by fraud upon the court” [ECF No. 16] is DENIED.
Dated this 16th day of October, 2013.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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