United States District Court, D. Kansas
CROW U.S. SENIOR DISTRICT JUDGE.
case comes before the Court on Plaintiff Ebrahim Adkins's
motion for relief pursuant to Federal Rule of Civil Procedure
60(b) from the order of the Court dismissing Plaintiff's
§ 1983 complaint (Doc. 18) and Plaintiff's motion
for leave to file an amended complaint (Doc. 17). Plaintiff
proceeds pro se.
Court entered an order on April 26, 2011, dismissing
Plaintiff's complaint on the basis that the declaratory
and injunctive relief sought by Plaintiff was rendered moot
by his release from prison. See Doc. 7. The Court
also found that Plaintiff's allegations were time-barred
and failed to state a claim upon which relief could be
granted under § 1983. Id. Plaintiff appealed
the dismissal, and the Tenth Circuit affirmed the decision of
this Court on September 12, 2011. See Doc. 14. On
July 2, 2018, Plaintiff filed the pending motions.
60(b) Motion (Doc. 18)
60(b) motion, Plaintiff states that he was “not in
[his] right mind at no point of the litigation” and
reiterates his complaints that he was denied access to the
courts and his legal property was stolen when he was
incarcerated in 2005 and 2006. He also argues the defendants
should not be entitled to qualified immunity. Mr. Adkins does
not address the finding that his complaint was barred by the
statute of limitations.
Rule 60(b), a party may move for relief “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;
(6) any other reason that justifies relief.”
Fed. R. Civ. P. 60(b).
Adkins does not specify under which section he seeks relief.
As Plaintiff's motion was filed over a year from the
entry of judgment, it cannot be based on Rules 60(b)(1)-(3).
See Fed. R. Civ. P. 60(c)(1) (providing motions
under Rules 60(b)(1)-(3) must be made “no more than a
year after entry of judgment”). Even a liberal
construction of Mr. Adkins's motion does not support
relief under Rule 60(b)(4) or 60(b)(5). Therefore, the Court