United States District Court, M.D. Tennessee, Nashville Division
ORDER AND MEMORANDUM OPINION
WILLIAM L. CAMPBELL, JR. UNITED STATES DISTRICT JUDGE.
before the Court is Plaintiff's Motion for a New Trial
and/or Notice to Appeal. (Doc. No. 121).
2016, Plaintiff filed a pro se complaint pursuant to 42
U.S.C. § 1983 against a number of defendants, alleging
violations of Plaintiff's federal civil rights and state
law. (Doc. No. 1). By Order entered on April 5, 2019 (Doc.
No. 116), the Court adopted the Report and Recommendation of
the Magistrate Judge to grant the served Defendants'
motion for summary judgment, dismiss the claims against those
Defendants with prejudice for failure to exhaust
administrative remedies, and dismiss the claims against the
two unserved Defendants without prejudice. (Doc. No. 105).
The Clerk entered final judgment on the same day. (Doc. No.
Motion for a New Trial
instant motion, Plaintiff requests a new trial “and or
alteration or Amendment of the April 5th 2019
judgment . . . .” (Doc. No. 121 at 1). There was no
trial in this case. Therefore, the Court will consider
Plaintiff's motion for a new trial as a motion to alter
or amend judgment. Rule 59(e) of the Federal Rules of Civil
Procedure provides that the court may grant a motion to alter
or amend a judgment if there is a clear error of law, newly
discovered evidence, an intervening change in controlling
law, or to prevent manifest injustice. Fed.R.Civ.P. 59(e);
see GenCorp, Inc. v. Am. Int'l Underwriters, 178
F.3d 804, 834 (6th Cir.1999). A motion to alter or amend
judgment under Rule 59(e) must be filed no later than 28 days
after the entry of the judgment. Fed.R.Civ.P. 59(e).
Therefore, Plaintiff's motion, if construed as a Rule
59(e) motion, was untimely filed.
Rule of Civil Procedure 60(b) allows a court to relieve a
party from a final judgment for the following reasons: (1)
mistake, inadvertence, surprise, or excusable neglect; (2)
newly discovered evidence that, with reasonable diligence,
could not have been discovered in time to move for a new
trial under Rule 59(b); (3) fraud (whether previously called
intrinsic or extrinsic), misrepresentation, or misconduct by
an opposing party; (4) the judgment is void; (5) the judgment
has been satisfied, released, or discharged, or the judgment
is based on an earlier judgment that has been reversed or
vacated, or applying it prospectively is no longer equitable;
or (6) any other reason that justifies relief. Fed.R.Civ.P.
60(b)(1)-(6). A motion for relief from a judgment or order
under Rule 60 must be filed “within a reasonable
time-and for reasons (1), (2), and (3) no more than a year
after the entry of the judgment or order or the date of the
proceeding.” Fed.R.Civ.P. 60(c)(1). Therefore,
Plaintiff's motion, if construed as a Rule 60 motion, was
the enumerated grounds for relief under Rule 60(b)(1)-(5)
apply in this case. Rule 60(b)(6) is a catchall provision
that provides for relief from a final judgment for any reason
justifying relief not captured in the other provisions of
Rule 60(b). McGuire v. Warden, 738 F.3d 741, 750
(6th Cir. 2013). Rule 60(b)(6) only applies in exceptional or
extraordinary circumstances where principles of equity
mandate relief. Id. “The decision to grant
Rule 60(b)(6) relief is a case-by-case inquiry that requires
the trial court to intensively balance numerous factors,
including the competing policies of the finality of judgments
and the incessant command of the court's conscience that
justice be done in light of all the facts.” Blue
Diamond Coal v. Trustees of United Mine Workers, 249
F.3d 519, 529 (6th Cir. 2001); see also Thompson v.
Bell, 580 F.3d 423, 442 (6th Cir. 2009). A district
court's discretion in deciding a Rule 60(b)(6) motion is
especially broad due to the underlying equitable principles
involved. Tyler v. Anderson, 749 F.3d 499, 509 (6th
Plaintiff does not describe any exceptional or extraordinary
circumstances that mandate relief. He does not address at all
his failure to exhaust administrative remedies and failure to
serve two of the defendants. Consequently, Plaintiff is not
entitled to relief from judgment under Rule 60(b)(6).
Accordingly, Plaintiff's motion, whether construed as a
motion to amend his complaint, a Rule 59(e) motion to alter
or amend judgment, or a Rule 60(b) motion for relief from a
judgment or order, is hereby DENIED.
Notice of Appeal
also seeks to appeal the Court's April 5, 2019 ruling
dismissing this action. (Doc. No. 121).
prosecute a civil appeal, a petitioner must file a timely
Notice of Appeal accompanied by either the full appellate
filing fee or an application to proceed in forma pauperis in
lieu thereof. 28 U.S.C. § 1915(a)(1). Petitioner has
submitted neither the appellate filing fee or an application
to proceed in forma pauperis.
is hereby GRANTED 30 days within which to
submit either the required appellate filing fee of five
hundred and five dollars ($505.00) or an application to
proceed in forma pauperis. The Clerk is
DIRECTED to mail Petitioner a blank