Leonard v. Diaz

Summary

The United States District Court for the Eastern District of California grants Trayvon Leonard’s motion under Federal Rule of Civil Procedure 60(b)(1) for relief from the dismissal of his prisoner civil-rights action for failure to prosecute. The court finds that Leonard’s failure to update his address resulted from excusable neglect, that the motion was timely, and that defendants would suffer no prejudice because they had not been served. The court sets aside the dismissal order and judgment, directs the Clerk to update Leonard’s address, and refers the matter back to the magistrate judge.

Holdings

1. A motion filed more than 28 days after entry of judgment is properly treated as a motion for relief under Federal Rule of Civil Procedure 60(b), rather than as a Rule 59(e) motion.
2. Plaintiff's Rule 60(b)(1) motion was filed within a reasonable time under Rule 60(c)(1).
3. Plaintiff demonstrated excusable neglect under Rule 60(b)(1), warranting relief from the dismissal order and judgment.

Questions Presented

1. Whether plaintiff's motion filed more than 28 days after judgment should be treated as a motion for relief under Federal Rule of Civil Procedure 60(b) rather than a Rule 59(e) motion.
2. Whether plaintiff filed the Rule 60(b) motion within a reasonable time under Rule 60(c)(1).
3. Whether plaintiff demonstrated mistake, inadvertence, or excusable neglect warranting relief under Rule 60(b)(1) from the dismissal for failure to prosecute.

Disposition

other