Rex A. Moore v. Bill Lee, et al.

Summary

The United States District Court for the Eastern District of Tennessee denies Rex A. Moore’s motions for relief from a final judgment under Federal Rule of Civil Procedure 60(b), to amend the dismissed complaint, and to appoint counsel. The court concludes that Moore has not established grounds for Rule 60(b) relief, that amendment is unavailable because judgment has been entered and not vacated, and that exceptional circumstances do not support appointment of counsel.

Holdings

1. Moore failed to establish any ground for relief under Federal Rule of Civil Procedure 60(b), including mistake, inadvertence, surprise, excusable neglect, fraud or misconduct, or any other reason justifying relief.
2. Moore could not amend the dismissed complaint under Rule 15 because the judgment had not been set aside or vacated; any new claims against new defendants would have to be brought in a new complaint.
3. Appointment of counsel was not warranted because Moore did not demonstrate exceptional circumstances.

Questions Presented

1. Whether Moore was entitled to relief from the final judgment under Federal Rule of Civil Procedure 60(b).
2. Whether Moore could amend his complaint under Federal Rule of Civil Procedure 15 after judgment had been entered and the complaint had been dismissed.
3. Whether exceptional circumstances justified appointing counsel for Moore in the civil action.

Disposition

other