The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE E. BROWN, JR., )
)
Plaintiff, )
)
v. ) Case No. 1:17-CV-00026-AGF
)
BOBBY PENROD and JANE DOE, )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for relief from judgment
under Rule 60(b). Doc. 68. Rule 60(b) provides for extraordinary relief only upon an
adequate showing of exceptional circumstances. U.S. Xpress Enters., Inc. v. J.B. Hunt
Transp., Inc., 320 F.3d 809, 815 (8th Cir. 2003). It is not intended to be a vehicle for
seeking reconsideration of merit arguments that were previously considered by the court.
Broadway v. Norris, 193 F.3d 987, 990 (8th Cir. 1999).
Upon review of the record and Plaintiff’s present motion, the Court declines to
alter or amend the judgment. Plaintiff’s arguments as to the relative reliability of
particular individuals’ statements in this case were previously examined by the Court at
length, not only in its ruling on summary judgment (Doc. 57) but also again on Plaintiff’s
motion for reconsideration (Doc. 58). Plaintiff does not point to any mistake, newly
discovered evidence, fraud, or other exceptional circumstance justifying relief from
judgment.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's motion for relief from judgment is
DENIED. Doc. 68.
IT IS FURTHER ORDERED that no certificate of appealability shall issue.
AUDREY G; LEIesIG C
UNITED STATES DISTRICT JUDGE
Dated this 19th day of October 2021.