Filed: Jan. 05, 2012
Latest Update: Jan. 05, 2012
Summary: REPORT AND RECOMMENDATIONS MICHAEL R. MERZ, Magistrate Judge. These cases are before the Court on Plaintiff's Motion to Reopen (Doc. No. 116 in Case 99-473, Doc. No. 48 in Case 00-372). The Motion should be denied for at least the following reasons: 1. The Motion does not contain a certificate of service on the other parties to these cases. 2. The Motion contains allegations against a number of people who were not parties to these cases. 3. The Motion is grossly untimely. A motion for relie
Summary: REPORT AND RECOMMENDATIONS MICHAEL R. MERZ, Magistrate Judge. These cases are before the Court on Plaintiff's Motion to Reopen (Doc. No. 116 in Case 99-473, Doc. No. 48 in Case 00-372). The Motion should be denied for at least the following reasons: 1. The Motion does not contain a certificate of service on the other parties to these cases. 2. The Motion contains allegations against a number of people who were not parties to these cases. 3. The Motion is grossly untimely. A motion for relief..
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REPORT AND RECOMMENDATIONS
MICHAEL R. MERZ, Magistrate Judge.
These cases are before the Court on Plaintiff's Motion to Reopen (Doc. No. 116 in Case 99-473, Doc. No. 48 in Case 00-372). The Motion should be denied for at least the following reasons:
1. The Motion does not contain a certificate of service on the other parties to these cases.
2. The Motion contains allegations against a number of people who were not parties to these cases.
3. The Motion is grossly untimely. A motion for relief from judgment under Fed. R. Civ. P. 60 must be made within one year of the final judgment. In Case No. 3:99-cv-473, final judgment was entered almost ten years ago, on February 11, 2002. In Case No. 3:00-cv-372, final judgment was entered six days earlier, on February 5, 2002.
4. Inclusion of new allegations occurring within the last several months in a motion to reopen a long-closed case is a transparent attempt of Plaintiff to gain access to this Court without paying the required filing fee, obtaining representation by an attorney, or obtaining the advance approval of the Chief Judge.
Therefore the Motion should be denied.
