Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mills v. Lempke

United States District Court, W.D. New York

May 5, 2017

RICHARD MILLS, Petitioner,
v.
JOHN B. LEMPKE, Respondent. RICHARD MILLS, Petitioner,
v.
Superintendent T. POOLE, Respondent.

          DECISION AND ORDER

          HON. MICHAEL A. TELESCA, UNITED STATES DISTRICT JUDGE

         INTRODUCTION

         Presently before the Court is pro se petitioner Richard Mills' third motion to vacate the Court's judgment entered on February 5, 2013, in No. 1:11-cv-00440-MAT and the Court's judgment entered on July 1, 2008, in No. 1:06-cv-00842-MAT. Respondents, through their attorneys, the Office of the New York State Attorney General, have opposed the motions. Petitioner has filed replies in both cases. The Court assumes the parties' familiarity with the factual background of Petitioner's criminal proceedings in state court, and his habeas and other civil proceedings in this Court. For the reasons discussed below, vacatur of the judgments in the above-captioned cases is denied.

         MOTION TO VACATE

         I. Legal Principles

         Pursuant to Rule 60(b), “[o]n motion and just terms, a court may relieve a party or its legal representative from a final judgment, order, or proceeding” for any of 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.

Fed. R. Civ. P. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.