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WEBB v. BERMUDEZ

United States District Court, S.D. New York


August 13, 2004.

MICHAEL WEBB, Plaintiff,
v.
ALBERT BERMUDEZ, et ano., Defendants.

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

ORDER

Plaintiff, a state prison inmate, brought this Section 1983 action against a number of correction officers. The case was tried in 1999 to a verdict for defendants who subsequently obtained a bill of costs for almost $4,000 which the Court subsequently reduced to $920.51. By letter dated August 1, 2004, plaintiff seeks relief from the unpaid balance of the judgment, essentially on the ground that the need to earn money to pay this debt through institutional employment interfering with his ability to obtain parole or otherwise to prepare for release.

The Court is not unsympathetic to plaintiff's situation. Nevertheless, the debt in question is a part of the judgment in this case, which remains on appeal years after it was entered. Even assuming that the pendency of the appeal did not deprive this Court of the power to alter or amend the judgment, a point on which the Court does not now express a view, the fact would remain that plaintiff would be entitled to relief from the judgment only as set forth in Fed.R.Civ.P. 60(b). Rule 60(b)(1) through (5) seem patently inapplicable on their face. In consequence, the only possible avenue for relief would be a motion pursuant to Rule 60(b)(6).

  Plaintiff is free to make such a motion, on notice to the defendants' counsel. The Court imparts no view as to whether the grounds set forth in plaintiff's letter would justify relief. Plaintiff might be well advised to explore with defendants' counsel whether the case might be settled in a manner that would relieve plaintiff of the unpaid balance of the judgment of which he complains.

 

SO ORDERED.
20040813

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