Downing v. Graves et al
Filing
86
ORDER denying 78 Motion for relief from judgment. Signed by Judge James C. Mahan on 4/28/2017. (Copies have been distributed pursuant to the NEF - JM)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
CURTIS L. DOWNING,
8
9
10
Case No. 2:12-CV-332 JCM (CWH)
Plaintiff(s),
ORDER
v.
JOHNNIE GRAVES, et al.,
11
Defendant(s).
12
13
Presently before the court is pro se plaintiff Curtis Downing’s motion for relief from this
14
court’s June 11, 2014, judgment resulting from the court’s June 6, 2014, grant of defendants’
15
motion for summary judgment. (ECF No. 78); see also (ECF Nos. 65, 67).
16
On July 10, 2014, plaintiff filed notice of appeal “from the Order/Judgment Documents 65,
17
67.” (ECF No. 68 at 1). On August 23, 2016, the Ninth Circuit issued a memorandum affirming
18
this court’s grant of summary judgment. (ECF No. 74). The corresponding mandate was filed on
19
November 15, 2016. (ECF No. 75). This court then issued its order on mandate on November 17,
20
2016. (ECF No. 77).
21
Later, plaintiff submitted the instant motion for relief under Federal Rule of Civil
22
Procedure 60(b). In his motion, plaintiff asserted that “the matter is on appeal before the Ninth
23
Circuit Court of Appeals, at the time of the writing of this motion.” (ECF No. 78 at 3). Again, the
24
motion was filed after the Ninth Circuit memorandum and mandate were issued in this case
25
affirming the decision that plaintiff currently challenges. See (ECF Nos. 74, 75, 78).
26
27
28
James C. Mahan
U.S. District Judge
Moreover, plaintiff’s reply attacks the Ninth Circuit’s adjudication of his appeal. (ECF
No. 85). That issue is not for this court to decide.
In sum, plaintiff’s motion for relief lacks merit.
1
Accordingly,
2
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for
3
4
5
6
relief from judgment (ECF No. 78) be, and the same hereby is, DENIED.
DATED April 28, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?