McCoy v. Cartledge

Filing 46

ORDER: It is ORDERED that McCoy's motion for relief from judgment, docket number 45 , is denied. IT IS SO ORDERED. Signed by Honorable Henry M Herlong, Jr. on 1/04/2017. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Mark McCoy,
Petitioner,
vs.
Warden Cartledge,
Respondent.

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C.A. No. 4:16-0638-HMH-TER
OPINION & ORDER

This matter is before the court on Mark McCoy’s (“McCoy”) pro se subsequent and
second response to the Defendant’s motion for summary judgment pursuant, which the court
construes as a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of
Civil Procedure. For the reasons that follow below, the court denies McCoy’s motion.
The court previously summarily dismissed McCoy’s § 2255 motion in an order dated
December 15, 2016. (Dec. 15, 2016 Order, ECF No. 42.) On December 29, 2016,1 McCoy filed
the instant motion. Rule 60(b) “invest[s] federal courts with the power in certain restricted
circumstances to vacate judgments whenever such action is appropriate to accomplish justice.”
Compton v. Alton S.S. Co., 608 F.2d 96, 101-02 (4th Cir. 1979) (internal quotation marks
omitted). “The remedy provided by the Rule, however, is extraordinary and is only to be
invoked upon a showing of exceptional circumstances.” Id. at 102. Upon review, McCoy
merely restates the grounds from his petition and his objections to the Report and
Recommendation. Based on the foregoing, the court finds that McCoy has made no showing of
exceptional circumstances or defects in the court’s decision.
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See Houston v. Lack, 487 U.S. 266 (1988).
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It is therefore
ORDERED that McCoy’s motion for relief from judgment, docket number 45, is
denied.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
January 4, 2017

NOTICE OF RIGHT TO APPEAL
The Movant is hereby notified that he has the right to appeal this order within sixty (60)
days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate
Procedure.

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