Rafael A. Llovera Linares v. Broward County Sheriff's Office

446 F. App'x 243

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 9, 2011
• Docket: 10-15416
• Status: Unpublished

Opinion

PER CURIAM:

Rafael Linares appeals pro se the denial of his motion for relief from a civil judgment. Fed.R.Civ.P. 60(b)(6). Linares challenges a judgment entered in July 2008 in favor of the Broward County Sheriffs Office and Felix Vasconez, which this Court affirmed in September 2009. We affirm.

The district court did not abuse its discretion by denying Linares’s motion. Li-nares argues that the district court erred when it failed to serve a witness before trial and by denying Linares’s motion for a continuance to serve subpoenas, but this “ ‘appeal does not bring up the underlying judgment for review.’ ” Cavaliere v. Allstate Ins. Co., 996 F.2d 1111, 1115 (11th Cir.1993) (quoting Glass v. Seaboard Coast Line R.R. Co., 714 F.2d 1107, 1109 (11th Cir.1983)). Linares also argues about the insufficiency of the evidence, but this Court refused on appeal to review the issue “in the absence of a trial transcript,” Linares v. Broward Cnty. Sheriffs Office, 347 Fed.Appx. 424, 428-29 (11th Cir.2009), and Linares cannot “ ‘use ... [his] Rule 60(b) motion as a substitute for a proper and timely appeal,’ ” Cavaliere, 996 F.2d at 1115 (quoting Burnside v. E. Airlines, Inc., 519 F.2d 1127, 1128 (5th Cir.1975)).

We AFFIRM the denial of Linares’s motion for relief.