Cornelius Moore v. Stephen Thomas, (8th Cir. 2001)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 00-2345NE
Cornelius Moore, Appellant, v. Stephen Thomas; City of Lincoln; James A. Sydik; State of Nebraska; Terry Wagner; Michael Garnett, Sergeant; Ernie Tuss; Margene Timm; Dennis R. Keefe, Public DefenderÂ’s Office; Daniel Fahrnbruch; Sara Fullerton; Drew Cromwell; Bernard McGinn, Judge, Appellees.
Submitted: March 28, 2001 Filed: April 10, 2001
Before RICHARD S. ARNOLD, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
Cornelius Moore appeals the District CourtÂ’s1 denial of his motions for post- judgment relief. Moore filed suit against the State of Nebraska, the City of Lincoln, and several state officials, alleging violations of his constitutional rights. The District Court dismissed his complaint, and Moore did not appeal. Over a year later, Moore tendered a document he titled "writ of mandamus," and moved for post-judgment relief under Federal Rule of Civil Procedure 60(b). The District Court did not file the "writ of mandamus" and denied Rule 60(b) relief. Moore appealed.
We conclude the District Court did not abuse its discretion in denying Moore Rule 60(b) relief, as he did not offer any exceptional grounds for relief. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (standard of review; Rule 60(b) movant must demonstrate exceptional circumstances to warrant post-judgment relief). To the extent MooreÂ’s "writ of mandamus" could be construed as a mandamus petition, it also was properly denied. See In re Lane, 801 F.2d 1040, 1042 (8th Cir. 1986) (mandamus is drastic remedy to be invoked only in extraordinary situations). Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
On Appeal from the United
States District Court
for the District of
Nebraska.
[Not To Be Published]
[1] The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska, adopting the report and recommendations of the Honorable Kathleen A. Jaudzemis, United States Magistrate Judge for the District of Nebraska.
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- U.S. Court of Appeals for the Eighth Circuit - Richard T. Arnold, Appellant, v. Gael D. Wood, Drema L. Grant, Daniel M. Buescher, the Law Firm of Eckelkamp, Eckelkamp, Wood and Kuenzel, Angela D. Wieda, Appellees., 238 F.3d 992 (8th Cir. 2001)
- U.S. Court of Appeals for the Eighth Circuit - in Re Steven Lane, Petitioner., 801 F.2d 1040 (8th Cir. 1986)
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