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Gilbert-Mitchell v. Lappin

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 20, 2006

WALLACE GILBERT-MITCHELL, JR., PLAINTIFF,
v.
HARLEY LAPPIN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

This action is before the Court to rule on Plaintiff's motion for relief from judgment (Doc. 7), filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Rule 60(b) provides for relief from judgment for "mistake, inadvertence, surprise, or excusable neglect." FED.R.CIV.P. 60(b)(1).

In this motion, Plaintiff challenges the transfer of this case to this District from the District Court for the District of Columbia, arguing that such a transfer defeats diversity jurisdiction. See 28 U.S.C. § 1332. However, diversity jurisdiction is irrelevant here, as Plaintiff's claims arise under the laws and Constitution of the United States. See 28 U.S.C. § 1331. Therefore, Plaintiff has not presented any argument warranting relief under Rule 60(b), and the instant motion is DENIED.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20061020

© 1992-2006 VersusLaw Inc.



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