United States v. Stone

68 F. App'x 563
Court of Appeals for the Sixth Circuit·Decided June 13, 2003·No. No. 02-4265·Published·Cited by 12 cases

Opinion

ORDER

This pro se federal prisoner appeals a district court judgment denying his motions for relief from judgment filed pursuant to Fed.R.Civ.P. 60(b)(1) and/or 60(b)(6) and permission to proceed on a 28 U.S.C. § 2255 motion nunc pro tunc. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

A jury found Richard Stone guilty of conspiracy to distribute and possession with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846; being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g); providing false information in connection with the acquisition of a firearm, in violation of 18 U.S.C. § 922(a)(6); and possession with intent to distribute 342.44 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Stone was sentenced to a mandatory life sentence without the possibility of parole and a $10,000 fine. On January 6, 2000, this court affirmed Stone’s conviction and sentence. On April 17, 2000, the Supreme Court denied his petition for writ of certiorari. United, States v. Austin, Nos. 97-4197, 97-4239, 97-4386, 97-4408, 98-3105, 2000 WL 32017, at *5 (6th Cir. Jan.4, 2000) (unpublished opinion), cert. denied, 529 U.S. 1081, 1119, 120 S,Ct. 1704, 1984, 146 L.Ed.2d 508, 812 (2000). On April 25, 2000, Stone was notified by a letter from his attorney that the United States Supreme Court had denied his petition for writ of certiorari and that the time for filing a post-conviction motion began to run on April 17, 2000.

On December 6, 2001, Stone filed a motion to proceed on a § 2255 motion nunc pro tunc. On December 12, 2001, the district court denied that motion because there was no adequate basis shown for the tolling of the one-year limitation period. On May 20, 2002, Stone moved the district court for relief from judgment pursuant to Fed.R.Civ.P. 60(b)(1) and/or 60(b)(6) and permission to proceed on a § 2255 motion nunc pro tunc. On October 15, 2002, the district court denied that motion, and it is from that judgment that Stone appeals.

On appeal, Stone asserts that because his ability to timely submit a § 2255 mo[565] tion within the one-year limitation period was impeded by official intervention, his limitation period for his motion should be equitably tolled.

This court reviews the district court’s denial of a Fed.R.Civ.P. 60(b) motion for an abuse of discretion. Cincinnati Ins. Co. v. Byers, 151 F.3d 574, 578 (6th Cir. 1998); Good v. Ohio Edison Co., 149 F.3d 413, 423 (6th Cir.1998). An abuse of discretion has been defined as a “ ‘definite and firm conviction that the trial court committed a clear error of judgment.’ ” Byers, 151 F.3d at 578-79 (quoting Logan v. Dayton Hudson Corp., 865 F.2d 789, 790 (6th Cir.1989)). An appeal from an order denying a Fed.R.Civ.P. 60(b) motion does not bring up for review the underlying judgment dismissing the complaint. Browder v. Dir., Dep’t of Corrs., 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978); Hood v. Hood, 59 F.3d 40, 42 (6th Cir.1995). Rather, this court’s inquiry is limited to “whether one of the specified circumstances exists in which [the plaintiff] is entitled to reopen the merits of his underlying claims.” Feathers v. Chevron U.S.A, Inc., 141 F.3d 264, 268 (6th Cir. 1998).

The district court did not abuse its discretion when it denied Stone’s motion for reconsideration. The party seeking to invoke Rule 60(b) bears the burden of establishing that its prerequisites are satisfied. Jinks v. AlliedSignal, Inc., 250 F.3d 381, 385 (6th Cir.2001). A party may obtain relief from judgment for various reasons including mistake, newly discovered evidence, fraud, a void judgment, or a satisfaction or release from a prior judgment. Fed.R.Civ.P. 60(b)(l-5). Additionally, a party is entitled to relief upon a showing of exceptional or extraordinary circumstances. Fed.R.Civ.P. 60(b)(6). Furthermore, a Rule 60(b) motion is properly denied where the movant attempts to use such a motion to relitigate the merits of a claim and the allegations are unsubstantiated. Mastini v. American Tel. & Tel. Co., 369 F.2d 378, 379 (2d Cir.1966) (attempt to relitigate a patent claim based upon unsubstantiated allegations of fraud). Stone failed to demonstrate the existence of any of the grounds for relief specified in Fed.R.Civ.P. 60(b)(l)-(6).

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United States v. Stone, 68 F. App'x 563 (6th Cir. 2003).

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