Opinion

McDougald v. Erdos

Court
District Court, S.D. Ohio
Filed
Aug 30, 2019
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Jerone McDougald, )

)

Plaintiff, ) Case No.: 1:17-cv-00464

)

vs. ) Judge Michael R. Barrett

)

Ron Erdos, et al., )

)

Defendants. )

)

)

ORDER

This matter is before the Court on Plaintiff’s Motion for Relief from Judgment.

(Doc. 45). Defendants filed a Response in opposition. (Doc. 46).

Initially, the Court will not reiterate, or expend any additional judicial time or

resources recapping, the background and procedural posture of this case, as that

background and posture is more than sufficiently summarized in the Magistrate Judge’s

Reports and Recommendations (Docs. 25, 40, 47) and the Court’s prior Orders (Docs. 34,

48) in this matter. Turning to the filings currently before the Court, Plaintiff brings his Motion

for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b) (“Rules”). (Doc.

45). Rule 60(b)(1) provides that a Court “may relieve a party or its legal representative from

a final judgment, order, or proceeding” for “mistake, inadvertence, surprise, or excusable

neglect.” FED. R. CIV. P. 60(b)(1). Rule 60(b)(1) is “intended to provide relief in only two

situations: (1) when a party has made an excusable mistake or an attorney has acted

without authority, or (2) when the judge has made a substantive mistake of law or fact in

the final judgment or order.” United States v. Reyes, 307 F.3d 451, 455 (6th Cir. 2002).

Plaintiff appears to seek relief under Rule 60(b)(1), as he argues that the Court

“made a mistake in its judgment” when it found that his allegations were insufficient to state

claims under the First, Eighth, and Fourteenth Amendments and that Defendants were

entitled to qualified immunity on certain claims. (Id.). See (Docs. 25, 34). Plaintiff argues

that he “clearly” stated claims under the First, Eighth, and Fourteenth Amendments and

Defendants were not entitled to qualified immunity on those claims. (Doc. 45). However,

Plaintiffs arguments are nothing more than mere disagreements with the Court’s prior

holdings and the Court is not convinced, on any level, that he has met his burden under

Rule 60(b)(1) or under any other part of Rule 60(b). The Court agrees with Defendants that

Plaintiff “recites prior claims and simply restates his original complaint” and Plaintiff “has

not met his burden for a 60(b) motion.” (Doc. 46). Finally, the Court notes that Plaintiff

appealed this Court’s prior Order dismissing this matter (Doc. 36) and the U.S. Court of

Appeals for the Sixth Circuit dismissed that appeal for want of prosecution (Doc. 50).

Based on the foregoing, it is ORDERED that Plaintiff’s Motion for Relief from

Judgment (Doc. 45) is DENIED. Accordingly, this matter shall remain CLOSED and

TERMINATED from the active docket of this Court.

IT IS SO ORDERED. _s/ Michael R. Barrett________

Michael R. Barrett, Judge

United States District Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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