Gagan v. Solano, 132 F.3d 42 (10th Cir. 1997)
Annotate this CasePlaintiff Cary Gagan, appearing pro se, appeals the district court's denial of his Motion to Vacate Order of Dismissal filed pursuant to Fed. R. Civ. P. 60(b) (6). Gagan instituted this civil rights action against numerous Defendants alleging that they violated his constitutional rights while he served as a government informant. The district court dismissed Gagan's complaint as frivilous pursuant to 28 U.S.C. § 1915(e) (2) (B) (i) & (ii). Thereafter, Gagan filed his motion to vacate asking the district judge to reinstate Gagan's lawsuit and recuse himself (as well as all other judges from the District of Colorado) from hearing the case. Our jurisdiction to review the denial of Gagan's Rule 60(b) (6) motion arises under 28 U.S.C. § 1291. We review the denial of such motion only for an abuse of discretion. Cashner v. Freedom Stores, Inc., 98 F.3d 572, 576 (10th Cir. 1996). In determining whether the district court abused its discretion, we are mindful that " [r]elief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances." Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir. 1990).
We have reviewed the briefs, pleadings, motions, and entire record before us. We agree with the district court that this action is frivolous and find no abuse of discretion in the denial of Gagan's Rule 60(b) (6) motion.
AFFIRMED.
Entered for the Court,
Bobby R. Baldock, Circuit Judge
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. 34.1.9. The case is therefore ordered submitted without oral argument
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