Holmes v. Moore et al

Filing 6

ORDER denying 5 Motion Writ of Certiorari Coram Nobis. IT IS FURTHER ORDERED that the Plaintiff is hereby advised of his right to appeal this Order to the Court of Appeals for the Fourth Circuit within 30 days from the entry of this Order. Signed by District Judge Martin Reidinger on 04/26/2014. (Pro se litigant served by US Mail.)(thh)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:14-cv-00084-MR-DLH EUGENE “SHERLOCK” HOLMES, ) ) Plaintiffs, ) ) vs. ) ) TIM MOORE, et al., ) ) Defendants. ) ________________________________ ) ORDER THIS MATTER is before the Court on the pro se Plaintiff’s “Writ of Certiorari Coram Nobis Fed. R. Civil P. 60-B.” [Doc. 5]. Mindful that pro se pleadings should be construed liberally, Erickson v. Pardus, 551 U.S. 89, 94 (2007), the Court shall treat the Plaintiff’s present filing as a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Upon review of the motion, the Court concludes that the Plaintiff is not entitled to relief pursuant to Rule 60. IT IS, THEREFORE, ORDERED that the pro se Plaintiff’s “Writ of Certiorari Coram Nobis Fed. R. Civil P. 60-B” [Doc. 5], which is construed as a motion pursuant to Federal Rule of Civil Procedure 60(b), is DENIED. IT IS FURTHER ORDERED that the Plaintiff is hereby advised of his right to appeal this Order to the Court of Appeals for the Fourth Circuit within thirty (30) days from the entry of this Order. IT IS SO ORDERED. Signed: April 26, 2014 2

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