Strouse v. Wilson, et al., No. 3:2012cv00653 - Document 92 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 06/30/2016. Copy mailed to Petitioner. (walk, )
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Strouse v. Wilson, et al. Doc. 92 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JUL • I 20l6 JAMES STROUSE, CLERK; U.S. DISTRICT COURI' RICHMOND VA Petitioner, v. Civil Action No. 3:12CV653 BUREAU OF PRISONS, et al., Respondents. MEMORANDUM OPINION By Memorandum Opinion and Order entered on March 4, 2014, the Court dismissed without prejudice a petition for a writ of habeas corpus because under Strouse 28 U. s. c. had § failed 2241 to (ECF Nos. administrative remedies. filed the Court received from Strouse a by properly James Strouse his On June 13, 68-69.) exhaust 2016, motion seeking relief under Federal Rule of Civil Procedure 60 (b) (6) ("Rule 60 (b) Motion, 11 ECF No. 91.) A party seeking relief under Federal Rule of Civil Procedure 60(b) must make a threshold showing of "'timeliness, a meritorious defense, party, Fire and exceptional & Cas. Auto. (quoting Werner v. After a then a lack of unfair prejudice to the opposing Ins. satisfy Co., Carbo, party satisfies must circumstances.' one 993 11 F.2d 46, 731 F.2d 204, this of the Dowell v. 48 207 (4th Cir. (4th Cir. threshold showing, six specific State Farm "he sections 1993) 1984)). [or she) of Rule Dockets.Justia.com 60(b)." Id. (citing Werner, relief under Rule 60{b) (6), Procedure 60 (c} (1) Strouse seeks 731 F.2d at 207). hence, under Federal Rule of Civil he was required to file his motion within a reasonable time after the entry of the March 4, Opinion and Order. Fed. R. Civ. P. 60 (c) (1) ( 2014 Memorandum "A motion under Rule 60(b) must be made within a reasonable time-and for reasons (1), (2}, and (3) no more than a year after the entry of judgment or order or the date of the proceeding.") the Strouse's Rule GO(b) Motion, filed more than two (2) years after the entry of the challenged judgment, was not filed in a reasonable time. See McLawhorn v. John W. (4th Cir. 1991) Daniel & Co., Inc., 924 F.2d 535, 538 ("We have held on several occasions that a Rule 60(b} motion is not timely brought when it is made three to four months after the original judgment and no valid reason is given for the delay." of Am., 491 Fireproofing, (citing Cent. F.2d Inc. Cir. 1967))). 245 v. (4th Operating Co. v. Cir. Consol. 1974}; Wagman Constr. Strouse's Rule 60(b) Corp., 383 Utility Workers Masonry F.2d 249 Motion (ECF No. 91) & (4th will be denied. The Clerk is directed to send a copy of this Memorandum Opinion to Strouse and counsel for the United States. QJ'u{ :ko, Date: »(ft' Richmol/d, Virginia /s/ Robert E. Payne Senior United States District Judge 2
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