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Thomson v. Washington

September 17, 2009

BRIAN K. THOMSON, PLAINTIFF,
v.
ODIE WASHINGTON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Plaintiff Brian K. Thomson is before the Court seeking reconsideration and relief from the judgment entered in favor of the defendants and against plaintiff in the above-captioned civil rights action. (Doc. 94). A review of the record reveals that by order dated January 15, 2008, the Court granted defendants Washington, Snyder and Oakley's motion for summary judgment and sua sponte dismissed the unserved "John Doe"defendants. (Doc. 90). Final judgment was entered January 16, 2008. (Doc. 91).

Plaintiff contends that, because he is allowed access to his legal materials for only 45 minutes per week, it has taken him until now to determine that he had never received the affidavit of Angela Cooper specifying that the "Lt. Oakley"*fn2 served in this action had never worked at Menard Correctional Center and was the wrong person/defendant.*fn3 Plaintiff contends that, had he received that affidavit, he "would have immediately raised Hades, corrected [the defendants'] misdirection, and caused service to be effected upon the correct Lt. Oakley." (Doc. 94, p. 2).

Federal Rule of Civil Procedure 60 provides in pertinent part:

(b) Grounds for Relief from Final Judgment or Order, or Proceeding.

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time--and for reasons (1), (2), and (3) no more than a year after the entry of the ...


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