Lewis v. Smith et al
ORDER denying 27 Motion to Vacate. Signed by District Judge Max O. Cogburn, Jr on 3/11/2016. (Pro se litigant served by US Mail.)(chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 3:15-cv-00606-MOC-DSC
ARCHIE L. SMITH III
SMITH, DEBNAM, NARRON, DRAKE,
SAINTISING & MYSERS
KELLY S. KING
BRANCH BANKING & TRUST COMPANY
JEFF D. ROGERS,
THIS MATTER is before the court on plaintiff’s pro se Notice of Demand to Vacate Void
Judgment and Demand to Vacate Void Judgment, which cites Rule 60(b)(4) of the Federal Rules
of Civil Procedure. Reading that pleading in a light most favorable to plaintiff, she appears to
argue that the court should set aside its Judgment as being void and contrary to law. The reasons
plaintiff provides in support of such request are, however, nonsensical and appear to rely on
constructions and conflations of legal jargon that find no support in the law this court must follow.
Review of the Judgment reveals that it is a lawful Judgment which is consistent with current case
law and that plaintiff’s Complaint was properly dismissed under Rule 12(b)(6). Nothing in the
plaintiff’s filing in any manner cures or calls into doubt the dismissal of this action for failure to
state a cognizable cause of action.
IT IS, THEREFORE, ORDERED that plaintiff’s pro se Notice of Demand to Vacate
Void Judgment and Demand to Vacate Void Judgment (#27), deemed to be a Rule 60 Motion, is
Signed: March 11, 2016
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