Robert R. Wolf v. New Mexico Department of Corrections, Kristal Rivera, Jose Santiago, Timothy B. Hatch, Shawn Farman, Robert Nilius, Cherly Doren, and John Sanchez

Summary

The United States District Court for the District of New Mexico denies Robert R. Wolf’s motion to correct his § 1983 civil-rights complaint and to file a fourth amended complaint. The court analyzes the motion under Federal Rule of Civil Procedure 60(b), concluding that Wolf fails to establish mistake, newly discovered evidence, fraud, or another basis for relief from the judgment dismissing his claims without prejudice. The court permits Wolf to pursue any distinct ADA or Eighth Amendment claims in a new action.

Holdings

1. Wolf did not establish mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or another extraordinary circumstance justifying relief under Rule 60(b).
2. Even if the Motion to Correct were treated as timely under Rule 59, Wolf was not entitled to relief because he identified no intervening change in controlling law, previously unavailable new evidence, clear error, or manifest injustice.
3. Wolf could not obtain post-judgment relief by asserting new or previously superseded claims in the Motion to Correct; the court denied the motion without prejudice to filing a new civil action.

Questions Presented

1. Whether Wolf was entitled to relief under Federal Rule of Civil Procedure 60(b) from the judgment dismissing his action without prejudice.
2. Whether Wolf was entitled to relief under Rule 59 if the Motion to Correct were treated as timely.
3. Whether Wolf could use the post-judgment Motion to Correct to file a fourth amended complaint asserting theories that had been superseded by his controlling Third Amended Complaint.

Disposition

other