Unpublished Dispositionlevert K. Griffin, Plaintiff-appellant, v. Thomas Stutler, David Troutman, Defendants-appellees, 880 F.2d 1321 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 880 F.2d 1321 (6th Cir. 1989) Aug. 4, 1989

Before MERRITT and KENNEDY, Circuit Judges, and JAMES D. TODD, District Judge.* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Levert K. Griffin, a pro se Ohio state prisoner, appeals the denial of his motion for relief from judgment filed under Fed. R. Civ. P. 60(b). His original civil rights suit was dismissed on September 30, 1986, and affirmed by this court.

Upon consideration, we conclude that the district court did not abuse its discretion in denying this motion, as it was not timely filed. See In re Salem Mortgage Co., 791 F.2d 456, 459 (6th Cir. 1986); Fed. R. Civ. P. 60(b). Moreover, appellant is again warned that further litigation on this issue will result in the imposition of sanctions.

Accordingly, the district court's judgment is hereby affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.

 *

The Honorable James D. Todd, U.S. District Judge for the Western District of Tennessee, sitting by designation