Micheal N.B. Attaway v. Fred Chinn

Summary

The United States District Court for the Southern District of Illinois denied Micheal N.B. Attaway’s motions to reopen the case, vacate the judgment, reconsider prior rulings, change venue, and proceed with merits discovery. The court held that Attaway failed to establish grounds for relief under Federal Rules of Civil Procedure 59(e) or 60(b), emphasizing that his own deficient and piecemeal briefing did not warrant reopening the exhaustion-based dismissal.

Holdings

1. Plaintiff was not entitled to vacatur or reopening of the judgment because he failed to establish mistake, excusable neglect, newly discovered evidence, fraud, misrepresentation, misconduct, manifest error, or another basis for relief under Rules 59(e) or 60(b).
2. Plaintiff's motions to change venue, proceed with merits discovery and bypass exhaustion, and reconsider the exhaustion ruling were moot because the motion to vacate was denied and the case remained closed.

Questions Presented

1. Whether Plaintiff established grounds under Federal Rule of Civil Procedure 60(b)(1), (2), or (3) to vacate the judgment dismissing the action for failure to exhaust administrative remedies.
2. Whether Plaintiff was entitled to relief under Federal Rule of Civil Procedure 59(e) based on an alleged mistake, manifest error, or newly discovered evidence.
3. Whether Plaintiff's remaining motions to change venue, proceed with merits discovery, bypass exhaustion, and reconsider the exhaustion ruling should be granted after judgment was entered.

Disposition

other