Greene v. District of Columbia

D.C. Circuit

Greene v. District of Columbia

575 F.3d 716, 388 U.S. App. D.C. 18, 2009 U.S. App. LEXIS 17312, 2009 WL 2426216

CourtCourt of Appeals for the D.C. Circuit

DecidedAugust 3, 2009

DocketNo. 08-7143

StatusPublished

This text of 575 F.3d 716 (Greene v. District of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greene v. District of Columbia, 575 F.3d 716, 388 U.S. App. D.C. 18, 2009 U.S. App. LEXIS 17312, 2009 WL 2426216 (D.C. Cir. 2009).

Pincite

Opinion

JUDGMENT

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by the appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order filed November 3, 2008, be affirmed. The district court properly denied as untimely appellant’s motion to vacate the judgment pursuant to Fed. R.Civ.P. 60(b)(1). Motions made pursuant to Fed.R.Civ.P. 60(b)(1) must be made within one year of entry of the relevant judgment or order, and subsequent appeals do not toll the time for filing such a motion. See Williamsburg Wax Museum, Inc. v. Historic Figures, Inc., 810 F.2d 243, 248 (D.C.Cir.1987) (holding that a November 1984 motion filed pursuant to Fed. R.Civ.P. 60(b)(1) to amend a September 1982 district court judgment was untimely, even though this court’s decision on appeal had been entered in February 1984 and certiorari denied in October 1984).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en bane. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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JUDGMENT

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by the appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order filed November 3, 2008, be affirmed. The district court properly denied as untimely appellant’s motion to vacate the judgment pursuant to Fed. R.Civ.P. 60(b)(1). Motions made pursuant to Fed.R.Civ.P. 60(b)(1) must be made within one year of entry of the relevant judgment or order, and subsequent appeals do not toll the time for filing such a motion. See Williamsburg Wax Museum, Inc. v. Historic Figures, Inc., 810 F.2d 243, 248 (D.C.Cir.1987) (holding that a November 1984 motion filed pursuant to Fed. R.Civ.P. 60(b)(1) to amend a September 1982 district court judgment was untimely, even though this court’s decision on appeal had been entered in February 1984 and certiorari denied in October 1984).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en bane. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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Bluebook (online)

575 F.3d 716, 388 U.S. App. D.C. 18, 2009 U.S. App. LEXIS 17312, 2009 WL 2426216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-district-of-columbia-cadc-2009.