Micheal N.B. Attaway v. Alex Welch, Ashley Sharp, and Alfonso David, M.D.

Summary

The court denies Plaintiff Micheal N.B. Attaway’s motions to change venue, vacate the judgment, strike filings, seek default or summary judgment, and impose sanctions. The court holds that relief under Federal Rules of Civil Procedure 59(e) and 60(b) is unavailable because the motion was untimely under Rule 59(e) and Plaintiff did not establish excusable neglect or other grounds for relief under Rule 60(b). The case remains dismissed with prejudice and closed.

Holdings

1. Plaintiff was not entitled to relief under Rule 59(e) because his motion to vacate was filed more than 28 days after judgment.
2. Plaintiff was not entitled to relief under Rule 60(b) because he did not establish mistake, inadvertence, surprise, or excusable neglect warranting the extraordinary remedy of relief from judgment.
3. Plaintiff's motions to change venue, strike filings, enter default judgment, grant summary judgment, and impose sanctions were denied as moot because the case could not be reopened.

Questions Presented

1. Whether Plaintiff was entitled to relief from the dismissal and judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Plaintiff was entitled to relief from the dismissal and judgment under Federal Rule of Civil Procedure 60(b)(1) based on mistake, inadvertence, surprise, or excusable neglect.
3. Whether Plaintiff's remaining motions to change venue, strike filings, enter default judgment, grant summary judgment, and impose sanctions should be granted after the case could not be reopened.

Disposition

dismissed