Smith v. Commonwealth of Virginia

Filing 49

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/25/2014. Copies as directed to Smith and counsel of record.(cmcc, )

L
IN THE UNITED

FOR THE

STATES DISTRICT

26

COURT

EASTERN DISTRICT OF VIRGINIA
CLtHK. U.S. DISTRICT COUR1

Richmond Division

FREDERICK J.

SMITH,

E

RICHMOND. VA

JR.,

Petitioner,
Civil

v,

Action No.

3:12CV148

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

By
2013,

Memorandum Opinion

and

barred

dismissed

871519,

the

by

the

action.

at *5-6

one-year
Smith

Civ.

P.

"MOTION

59(e)

FOR

Motion.

RELIEF

FROM

CIVIL PROCEDURE - 60(b)(6)

Federal
pertinent part:

v.

Rule

of

(ECF No.

statute

of

on March

U.S.C.

§ 2254

limitations

3:12CV148,

8,

and

2013

WL

By Memorandum Opinion

the Court denied Smith's Fed.

35-36.)

JUDGMENT,

("Rule 60(b)

Civil

Jr.'s 28

2013).

2013,

FINAL

entered

Virginia,

(E.D. Va. Mar. 8,

and Order entered on June 3,

a

Order

the Court found Frederick J. Smith,

petition

R.

Final

Smith has now filed

ORDER

Motion,"

Procedure

60(b)

FEDERAL

RULES

ECF No.

provides,

46) l

in

(b)
Grounds for Relief from a Final Judgment, Order, or
Proceeding.
On motion and just terms, the court may
relieve a party or its legal representative from a final
judgment, order, or proceeding for the following reasons:
(6)
Fed.

R.

Civ.

any other reason that justifies relief.
P.

60(b).