Neldon Neal v. Jeremiah Nixon, et al, No. 09-1560 (8th Cir. 2010)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Denial of Rule 60(b) motion affirmed as plaintiff did not establish excusable neglect for his failure to litigate his case.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1560 ___________ Neldon Neal, * * Appellant, * * v. * Appeal from the United States * District Court for the Jeremiah Nixon; Brenda Umstattd; * Western District of Missouri. Paul Harper, * * [UNPUBLISHED] Appellees. * ___________ Submitted: January 22, 2010 Filed: February 2, 2010 ___________ Before BYE, RILEY, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Missouri inmate Neldon Neal appeals the district court s1 denial of his Fed. R. Civ. P. 60(b) motion for relief from judgment in his 42 U.S.C. ยง 1983 action. Notwithstanding Neal s argument that he failed to litigate his case because he did not receive court documents during a nine-month stay in federal custody, we find no abuse of discretion in the court s denial of his Rule 60(b) motion because nothing in the record shows that Neal notified the court of his custody change or otherwise 1 The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri. attempted to follow through with his case before he was returned to state custody. See Murphy v. Mo. Dep t of Corr., 506 F.3d 1111, 1117 (8th Cir. 2007) (Rule 60(b)(6) relief is available only where exceptional circumstances have denied moving party full and fair opportunity to litigate claim and prevented moving party from receiving adequate redress); In re Guidant Corp. Implantable Defibrillators Prod. Liab. Litig., 496 F.3d 863, 866 (8th Cir. 2007) (setting forth relevant factors for finding excusable neglect under Rule 60(b)); see also Broadway v. Norris, 193 F.3d 987, 988-89 (8th Cir. 1999) (applying abuse-of-discretion review standard and noting that appeal of Rule 60(b) motion does not bring up for review underlying judgment or order). Accordingly, we affirm. See 8th Cir. R. 47B. _____________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
