Micheal N.B. Attaway v. Sgt. Ritter

Summary

The United States District Court for the Southern District of Illinois denied Micheal N.B. Attaway’s motions to vacate the dismissal and judgment, file a late amended complaint, and change venue. The court held that Attaway’s vague allegations of newly discovered evidence did not warrant relief under Federal Rule of Civil Procedure 60, and the action remained dismissed with prejudice and closed.

Holdings

1. Plaintiff was not entitled to relief from the dismissal order or judgment because his vague and conclusory allegations did not establish the exceptional circumstances required for Rule 60 relief.
2. Leave to file a late amended complaint was denied because plaintiff failed to amend by the court-ordered deadline, did not request an extension, and waited nearly five months after the case was closed to present vague new claims.
3. The motion to change venue was denied.

Questions Presented

1. Whether plaintiff established grounds under Federal Rule of Civil Procedure 60(b)(2), (3), or (6) to vacate the dismissal order and judgment.
2. Whether plaintiff should receive leave to file a late amended complaint after failing to amend by the court-ordered deadline.
3. Whether plaintiff's motion to change venue should be granted.

Disposition

other