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KLEIN v. SMITH, 14-3997-cv. (2015)

Court: Court of Appeals for the Second Circuit Number: infco20150825099 Visitors: 5
Filed: Aug. 25, 2015
Latest Update: Aug. 25, 2015
Summary: SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRES
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SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED.

Shmuel Klein, pro se, appeals from the district court's denial of his motion pursuant to Federal Rule of Civil Procedure 60(b) to reopen his case following the dismissal of his complaint for failure to serve the defendants, in violation of Federal Rule of Civil Procedure 4(m). We assume the parties' familiarity with the underlying facts, procedural history of the case, and issues on appeal. We review the denial of a Rule 60(b) motion for abuse of discretion. See Meilleur v. Strong, 682 F.3d 56, 64 (2d Cir. 2012).

Upon review, we conclude that the district court did not exceed its allowable discretion in denying Klein's Rule 60(b) motion for the reasons stated in its well-reasoned and thorough opinion and order. We have considered all of Klein's arguments and find them to be without merit.

Accordingly, we AFFIRM the order of the district court.

Source:  Leagle

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