Filed: Feb. 13, 2018
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS February 13, 2018 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court WILLIAM CAMPOS, Plaintiff - Appellant, v. No. 17-1297 (D.C. No. 1:14-CV-03088-MSK-MEH) MANTECH INTERNATIONAL D. Colorado CORPORATION, a Virginia corporation, Defendant - Appellee. ORDER AND JUDGMENT * Before MATHESON, KELLY, and MURPHY, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS February 13, 2018 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court WILLIAM CAMPOS, Plaintiff - Appellant, v. No. 17-1297 (D.C. No. 1:14-CV-03088-MSK-MEH) MANTECH INTERNATIONAL D. Colorado CORPORATION, a Virginia corporation, Defendant - Appellee. ORDER AND JUDGMENT * Before MATHESON, KELLY, and MURPHY, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral ..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
February 13, 2018
TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
WILLIAM CAMPOS,
Plaintiff - Appellant,
v. No. 17-1297
(D.C. No. 1:14-CV-03088-MSK-MEH)
MANTECH INTERNATIONAL D. Colorado
CORPORATION, a Virginia
corporation,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before MATHESON, KELLY, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
On November 14, 2014, Appellant William Campos filed a complaint in
federal district court alleging claims of discrimination on the basis of disability in
violation of the Americans with Disabilities Act, retaliation under Section 503 of
the Rehabilitation Act of 1973, and retaliation under the Colorado Anti-
Discrimination Act. The district court resolved Appellee’s motion for summary
judgment on August 2, 2016, by entering judgment in favor of Appellee on
Campos’s federal claims and dismissing his Colorado state claim without
prejudice. Between August 11, 2016, and December 12, 2016, Campos filed three
motions for reconsideration. Each was denied by the district court.
On July 25, 2017, Campos filed a Motion for Relief from Judgment
pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. The district court
denied the motion and Campos filed a timely notice of appeal. This court reviews
the denial of a Rule 60(b) motion for an abuse of discretion. Weitz v. Lovelace
Health Sys., Inc.,
214 F.3d 1175, 1181 (10th Cir. 2000). Having reviewed the
entire record, including all the district court’s prior orders in this matter, we hold
that the court did not abuse its discretion when it denied Campos’s July 25, 2017,
motion. The district court correctly concluded that Campos is not entitled to
relief under Rule 60(b) and there is no error in the court’s statement that “a
motion for reconsideration is not an appropriate vehicle to use to present
arguments that could have been raised previously and were not, nor is it a
substitute for taking an appeal.”
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The district court’s order of July 27, 2017, denying Campos’s Rule 60(b)
motion, is affirmed.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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