Greenlee v. United States Postal Service

83 F. App'x 308

• Court: Court of Appeals for the Tenth Circuit
• Decided: December 15, 2003
• Docket: 03-3226
• Status: Unpublished

Opinion

ORDER AND JUDGMENT **

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Richard Greenlee appeals from the district court’s denial of his motion under Fed.R.Civ.P. 60(b) for relief from dismissal of his action against the postal service. The parties are familiar with the facts and we need not restate them here. Suffice it to say that Mr. Greenlee sought to reinstate an action that had been dismissed without prejudice (for lack of service) more than seven years earlier. He sought to appeal the same dismissal almost two years later, but the appeal was dismissed for lack of jurisdic tion. Greenlee v. United States Postal Serv., No. 98-3052 (10th Cir. May 27, 1998). Thereafter came this motion.

The district court determined that if the motion was construed as arising under Fed.R.Civ.P. 60(b)(1), it was untimely because it was not made within a year from the underlying judgment. Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). If construed as arising under Fed.R.Civ.P. 60(b)(6), the motion was not made within a reasonable time. See Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 863, 108 S.Ct. 2194,100 L.Ed.2d 855 (1988) (reasonable time requirement). Our review is for an abuse of discretion. Browder v. Director, Dept. of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). The district court did not abuse its discretion.

AFFIRMED. All pending motions and requests for relief are denied.

** This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.