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Lavin v. Hulick

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


July 10, 2007

JOHN LAVIN, PETITIONER,
v.
WARDEN HULICK, ET AL., RESPONDENTS.

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

APPEAL NO. 07-1091

MEMORANDUM AND ORDER

On December 5, 2006, the Court entered judgment against Petitioner in this action. He filed a timely notice of appeal; that appeal was dismissed in February 2007. On March 20, 2007, Petitioner filed a motion for relief from judgment, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, which provides for relief from judgment for "mistake, inadvertence, surprise, or excusable neglect." FED.R.CIV.P. 60(b)(1).

In this motion, Petitioner actually challenges the Seventh Circuit's dismissal of his appeal for failure to pay the filing fee. This Court had no involvement in the actions taken by the Seventh Circuit, nor can this Court take any action to reinstate his appeal. Accordingly, the instant motion is DENIED.

IT IS SO ORDERED.

G. Patrick Murphy Chief United States District Judge

20070710

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