Easley v. United States of America et al

Filing 16

ORDER re Motion to Vacate Judgment 12 , which the Court liberally construes as a motion under Rule 60(b)(1), Fed. R. Civ. P., and an Amended Complaint 14 . As noted in its Memorandum, the Court did apply the doctrine of liberal construction in the pltf's case. (DE No. 10 , p. 2). The Complaint was still frivolous. The pltf's motion 12 is DENIED. The Clerk is directed to STRIKE the Amended Complaint 14 from the record. It is so ORDERED. Signed by Senior Judge Robert Echols on 7/10/09. (reg & cert mail to pltf) (tmw)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION LATONYA EASLEY, Plaintiff, v. THE UNITED STATES OF AMERICA, ET AL., Defendants. ) ) ) ) ) ) ) ) ) )

No. 3:09-0479 Judge Echols

ORDER This action was dismissed as frivolous on May 26, 2009. (Docket Entry No. 11). The plaintiff has filed a Motion to Vacate Judgment (Docket Entry No. 12), which the Court liberally construes as a motion under Rule 60(b)(1), Fed. R. Civ. P., and an Amended Complaint (Docket Entry No. 14). A Rule 60(b)(1) motion is intended to provide relief in only two situations: 1) when a party has made an excusable mistake, or an attorney has acted without authority; or 2) when the judge has made a substantive mistake of law or fact in the final judgment or order. Cacevic v. City of Hazel Park, 226 F.3d 483, 490 (6th Cir. 2000). The plaintiff argues that the Court neglected to apply the doctrine of liberal construction in this pro se action. As noted in its Memorandum, the Court did apply the doctrine of liberal construction in the plaintiff's case. (Docket Entry No. 10, p. 2). The Complaint was still frivolous. The plaintiff's motion (Docket Entry No. 12) is DENIED. The Clerk is directed to STRIKE the Amended Complaint (Docket Entry No. 14) from the record. It is so ORDERED. Robert L. Echols United States District Judge