Lawrence Giovanni Franklin, Jr. v. CO Guard Anthony et al.

Summary

The court denied Lawrence Giovanni Franklin, Jr.'s motion for an extension of time to pay an initial partial filing fee and to file an amended complaint. The court held that Franklin had not shown the exceptional circumstances required for relief under Federal Rule of Civil Procedure 60(b) from the prior dismissal of his 42 U.S.C. § 1983 action. The request to file an amended complaint was denied as moot because the case was closed.

Holdings

1. Franklin was not entitled to vacate the dismissal or receive additional time to pay the initial partial filing fee because he failed to show exceptional circumstances causing his noncompliance.
2. Franklin's request to file an amended complaint was denied as moot because the action was closed and the court denied his request to vacate the judgment.

Questions Presented

1. Whether Franklin established exceptional circumstances warranting relief from the dismissal under Federal Rule of Civil Procedure 60(b) and additional time to pay the initial partial filing fee.
2. Whether Franklin's request to file an amended complaint should be granted after the action had been dismissed and his request to vacate the judgment was denied.

Disposition

dismissed