Winston v. United States et al

Filing 55

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 1/27/14. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
MONTE

DECARLOS

WINSTON

v.

Civil No.

3:11CV812

UNITED STATES OF AMERICA

MEMORANDUM OPINION

By Memorandum Opinion and Order entered September 10, 2013,

the Court dismissed Monte DeCarlos Winston's complaint pursuant
to

the

Federal

2671-2689,
§ 1331.

Torts

with

Claim Act

jurisdiction

("FTCA") , 28

vested

U.S.C.

pursuant

to

§§
28

1346,
U.S.C.

On September 18, 2013 the Court received from Winston a

"Motion Pursuant to Rule 60(a)
Motion,"

ECF

No.

wishes

to

60(b),

"he must

54

pursue

and (b) of F.R.Civ.P."

(capitalization

relief

under

identify the

corrected).)

Federal

specific

Rule

of

("Rule 60
If

Civil

subsection

Winston

Procedure

of the

rule

that governs his motion and brief why he is entitled to relief

under

that

No. 3:07cv319,

portion

of

Rule

2011 WL 2470119,

(citation omitted)

60(b).

Shanklin

at *1 (E.D. Va.

v.

June 21,

(internal quotation marks omitted).

Seals,

2011)
To the

extent Winston brings a motion pursuant to Federal Rule of Civil
Procedure

60(a), he fails

to identify "a clerical mistake or a

mistake arising from oversight or omission . . . in a judgment,

order, or other part of the record."
Accordingly,

Winston's

Rule

60

Fed.

Motion

R. Civ.

(ECF

No.

P.

54)

60(a).1
will

be

denied without prejudice.
The

Clerk

is

directed

to

send

a

copy

of

this

Memorandum

Opinion to Winston and counsel for the United States.

$U£_

1st

j/*b/U*-C4^ ^lY^££>( y> Senior united States District Judge

Date:

Richmond, Virginia

1 In support of his Rule 60(a) Motion, Winston suggests that
the

"Civil Action No.

was

entered under a

Criminal Action No."

and that "Consent by both parties was given to Magistrate Judge
M.

Hannah

incorrect.
action

Lauck

.

.

.

."

(Rule

60

The Memorandum Opinion

clearly assigns

the

action the

Mot.

1.)

Winston

and Order dismissing
civil

number

is

the

"3:11CV812"

and only Winston consented to the jurisdiction of the Magistrate
Judge.

(See ECF No.

5.)
2