Thompson v. Wilson

Sixth Circuit

Thompson v. Wilson

96 F. App'x 326

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 22, 2004

DocketNo. 03-5849

StatusPublished

This text of 96 F. App'x 326 (Thompson v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thompson v. Wilson, 96 F. App'x 326 (6th Cir. 2004).

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Opinion

ORDER

Joseph B. Thompson Jr., a Tennessee state prisoner, appeals pro se a district court order denying his motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b). This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Thompson filed a complaint under 42 U.S.C. § 1983 against four employees of a newspaper, complaining that their prejudicial pretrial publicity had violated his constitutional rights. On November 16, 1999, the district court dismissed the complaint for failure to state a claim, because the named defendants were not state actors. On February 13, 2003, Thompson filed a motion for relief from judgment pursuant to Rule 60(b), arguing that the district court should have inquired whether Thompson was in segregation at the time he originally filed his complaint, and should have appointed him counsel. The district court denied the motion, as well as Thompson’s motion for reconsideration, in which he asserted that the defendants had conspired with an unknown police officer. This appeal followed.

An order denying a Rule 60(b) motion is reviewed for an abuse of discretion. Jinks v. AlliedSignal, Inc., 250 F.3d 381, 385 (6th Cir.2001); Hood v. Hood, 59 F.3d 40, 42 (6th Cir.1995). Upon review, we conclude that the district court did not abuse its discretion in denying this motion, filed more than three years after the disposition of this case, which raised no issue that could not have been presented in the original proceeding. The movant must establish that his case fits within the circumstances warranting relief under Rule 60(b). Lewis v. Alexander, 987 F.2d 392, 396 (6th [327]*327Cir.1993). A Rule 60(b) motion does not allow a defeated litigant a second chance to convince the court to rule in his favor by presenting new legal theories. Jinks, 250 F.3d at 385. Because no abuse of discretion was committed, the district court’s order is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.

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ORDER

Joseph B. Thompson Jr., a Tennessee state prisoner, appeals pro se a district court order denying his motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b). This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Thompson filed a complaint under 42 U.S.C. § 1983 against four employees of a newspaper, complaining that their prejudicial pretrial publicity had violated his constitutional rights. On November 16, 1999, the district court dismissed the complaint for failure to state a claim, because the named defendants were not state actors. On February 13, 2003, Thompson filed a motion for relief from judgment pursuant to Rule 60(b), arguing that the district court should have inquired whether Thompson was in segregation at the time he originally filed his complaint, and should have appointed him counsel. The district court denied the motion, as well as Thompson’s motion for reconsideration, in which he asserted that the defendants had conspired with an unknown police officer. This appeal followed.

An order denying a Rule 60(b) motion is reviewed for an abuse of discretion. Jinks v. AlliedSignal, Inc., 250 F.3d 381, 385 (6th Cir.2001); Hood v. Hood, 59 F.3d 40, 42 (6th Cir.1995). Upon review, we conclude that the district court did not abuse its discretion in denying this motion, filed more than three years after the disposition of this case, which raised no issue that could not have been presented in the original proceeding. The movant must establish that his case fits within the circumstances warranting relief under Rule 60(b). Lewis v. Alexander, 987 F.2d 392, 396 (6th [327]*327Cir.1993). A Rule 60(b) motion does not allow a defeated litigant a second chance to convince the court to rule in his favor by presenting new legal theories. Jinks, 250 F.3d at 385. Because no abuse of discretion was committed, the district court’s order is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.

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96 F. App'x 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-wilson-ca6-2004.

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