Wilder v. Holder

Filing 24

ORDER denying 21 Motion to Reopen Case; Motion to Appoint Counsel; Motion for Hearing; Motion to Change Venue; and Motion for Recusal. Signed by District Judge Terrence W. Boyle on 3/30/2016. Copy sent to pro se plaintiff via US Mail to 1101 Chestnut Street, Wilmington, NC 28401. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:14-CV-215-BO
LAWRENCE VERLINE WILDER, SR.,
Plaintiff,

v.
ERIC HOLDER,
Defendant.

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ORDER

This matter is before the Court on plaintiffs third motion made pursuant to Rule 60 of
the Federal Rules of Civil Procedure. Plaintiff also seeks additional relief, including
appointment of counsel, for change of venue, and for recusal. The Court's dismissal of
plaintiffs complaint was affirmed by the court of appeals. [DE 14]. The Court denied plaintiffs
second Rule 60(b) motion [DE 17], plaintiff noticed an appeal, and the appeal remains pending. 1
Plaintiffs most recent motion again fails to satisfy the requirements for relief under Rule 60(b).
See Dowell v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48.

Further, plaintiff has been admonished that this case is closed and that he should refrain
from making additional filings requesting relief in this matter. Plaintiff has made no additional
showing beyond that which formed the basis of the Court's prior denials, and his additional
requests for relief are denied.
The motion [DE 21] is DENIED in its entirety.
SO ORDERED, this

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.:3 Dday of March, 2016.

See Fabian v. Storage Tech. Corp., 164 F.3d 887, 891 (4th Cir. 1999) (district court has
jurisdiction to consider Rule 60(b) motion while judgment is on appeal).