Perry et al v. Britt

Filing 30

ORDER denying 23 Motion for a restraining order and relief from the judgment. Signed by District Judge James C. Dever III on 10/27/2018. Sent to Adam L. Perry at 600 Swamp Road Hertford, NC 27944 via US Mail. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:17-CV-54-D

ADAM L. PERRY,
Plaintiff,

v.
WILLIAM EARL BRITT,
Defendant.

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ORDER

On November 16, 2017, the United States removed a contempt motion Perry filed in
Perquimans County Superior Court to this court [D .E. 1]. On December 20, 2017, the United States
moved to dismiss the action pursuantto Federal Ru1e of Civil Procedure 12(b)(1 ), (5), and (6) [D.E.
14]. On May 11, 2018, the court denied Perry's motion for contempt and denied the remaining
motions as moot [D.E. 19], and the clerk entered judgment [D.E. 20]. On June 15,2018, Perry filed
motions for a restraining order and relief from the judgment [D.E. 23]. On Ju1y 2, 2018, the United
States filed a response in opposition to the motions [D.E. 24]. On Ju1y 9, 2018, Perry filed a notice
of appeal [D .E. 25]. On October 25, 2018, the United States Court of Appeals for the Fourth Circuit
affirmed [D.E. 28].
The court has considered Perry's motions under the governing standards. See Fed. R. Civ.
P. 60(b), 65; Winterv. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008);Aikensv. Ingram, 652
F.3d 496, 500-01 (4th Cir. 2011) (en bane); Real Truth About Obama. Inc. v. FEC, 575 F.3d 342,
346 (4th Cir. 2009), vacated on other grounds, 559 U.S. 1089 (2010), reissued in relevant part, 607
F.3d 355 (4th Cir. 2010) (per curiam); U.S. Dep't of Labor v. WolfRun Mining Co., 452 F.3d 275,
281 n.1 (4th Cir. 2006). The motions lack merit and are DENIED.

SO ORDERED.

This~ gay

of October 2018.

United States District Judge

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