James v. USA

Filing 28

ORDER entered by Judge Nanette Laughrey. Movant Cleophus James' motion for relief from judgment [Doc. 26] is denied. A copy of this order was mailed to James. (Barragan-Scott, Alana)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CLEOPHUS D. JAMES,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:14-cv-00572-NKL

ORDER
Movant Cleophus D. James for the second time requests relief from judgment
under Fed. Rule Civ. P. 60(b). [Doc. 26.] The motion is denied.
James filed this case under 28 U.S.C. § 2255, requesting an order vacating, setting
aside, or correcting his sentence. The Court dismissed the case, with prejudice [Doc. 8];
denied James’ Rule 59(e) motion for reconsideration [Doc. 17]; and denied James’
Rule 60(b) motion in which he reasserted arguments the Court had already rejected,
[Doc. 24]. James now argues that Respondent United States of America failed to respond
to his original Rule 60(b) motion and, as a result, the “material facts alleged by” James
therein “are admitted by the United States and any contrary position or objection
is…deemed waived.” [Doc. 26, p. 1]. James also “resubmits” the facts and arguments
stated by him therein. [Id.]
As the Court explained in denying James’ original Rule 60(b) motion, the rule
“authorizes relief in only the most exceptional cases.” White v. Nat’l Football League,
756 F.3d 585, 596 (8th Cir. 2014) (quotation and citations omitted). James’ case presents

no exceptional circumstances. Further, the United States in fact did file suggestions in
opposition to his motion [Doc. 23].
Accordingly, James’ second Rule 60(b) motion [Doc. 26] is denied.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: March 9, 2015
Jefferson City, Missouri

2