Humanitarian v. Peter D. Leary, et al.

Summary

The United States District Court for the Middle District of Georgia denied Plaintiff Humanitarian’s motion under Federal Rule of Civil Procedure 60(d)(3) seeking to vacate judgments for alleged fraud on the court. The court held that Plaintiff offered only conclusory allegations and identified no conduct constituting fraud on the court, particularly because the allegations were unrelated to the underlying dismissal for failure to pay the filing fee.

Holdings

1. Plaintiff was not entitled to relief under Rule 60(d)(3) because the motion identified no conduct constituting fraud on the court and relied on conclusory allegations unrelated to the court's underlying determination that Plaintiff failed to pay the filing fee.
2. Plaintiff was not entitled to have the docket documents voided, amend the complaint, or obtain the requested permanent injunctions.

Questions Presented

1. Whether Plaintiff established fraud on the court warranting relief from the judgment under Federal Rule of Civil Procedure 60(d)(3).
2. Whether Plaintiff was entitled to void text-only docket documents, amend the complaint, or obtain permanent injunctions against judicial officers in connection with the dismissed action.

Disposition

other