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  • Dempsey v. White, 1st Cir. (1993)

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    The US Court of Appeals for the First Circuit affirmed the district court's denial of the pro se appellant's motion under Federal Rule of Civil Procedure 60(b) for relief from judgment. The appellate court found that the appellant's allegations of excusable neglect, newly discovered evidence, and entitlement to relief under Rule 60(b)(1) and (2) were frivolous. It determined that the appellant was merely attempting to reargue the merits of his case, and that there was no error in the district court's judgment. The court also denied the appellant's pending motion for a gag restraining order.

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    Filed: 1993-06-14 Precedential Status: Precedential Docket: 93-1164

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    The US Court of Appeals for the First Circuit affirmed the district court's denial of the pro se appellant's motion under Federal Rule of Civil Procedure 60(b) for relief from judgment. The appellate court found that the appellant's allegations of excusable neglect, newly discovered evidence, and entitlement to relief under Rule 60(b)(1) and (2) were frivolous. It determined that the appellant was merely attempting to reargue the merits of his case, and that there was no error in the district court's judgment. The court also denied the appellant's pending motion for a gag restraining order.

    Copyright:

    Public Domain
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    92 views3 pages

    Dempsey v. White, 1st Cir. (1993)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirmed the district court's denial of the pro se appellant's motion under Federal Rule of Civil Procedure 60(b) for relief from judgment. The appellate court found that the appellant's allegations of excusable neglect, newly discovered evidence, and entitlement to relief under Rule 60(b)(1) and (2) were frivolous. It determined that the appellant was merely attempting to reargue the merits of his case, and that there was no error in the district court's judgment. The court also denied the appellant's pending motion for a gag restraining order.

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    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    For The FIRST CIRCUIT
    ____________________
    No. 93-1164
    JOHN B. DEMPSEY,
    Plaintiff, Appellant,
    v.
    VANNA WHITE,
    Defendant, Appellee.
    ____________________
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. A. David Mazzone, U.S. District Judge]
    ___________________
    ____________________
    Before
    Torruella, Cyr and Boudin,
    Circuit Judges.
    ______________
    ____________________
    John B. Dempsey on brief pro se.
    _______________
    ____________________

    June 11, 1993


    ____________________

    Per Curiam.
    __________

    The only

    question presented by

    this

    appeal is whether the district court abused its discretion in


    denying

    pro
    ___

    se appellant's
    __

    motion

    under Fed.

    R.

    Civ. P.

    60(b).

    See Duffy v. Clippinger,


    ___ _____
    __________

    1988).

    Appellant's allegations that he is entitled to relief

    from judgment

    because of

    excusable neglect,

    and newly discovered evidence,


    It is clear that appellant's
    cite

    certain

    certain

    amendments,

    publications
    his case.

    statutes,

    857 F.2d 877, 879 (1st Cir.

    Rule 60(b)(2), are frivolous.


    profferings - that he failed to

    propound
    or

    Rule 60(b)(1),

    certain

    refer

    to

    - are merely attempts to

    theories,

    certain

    offer

    non-legal

    reargue the merits of

    We affirmed the dismissal of appellant's complaint

    as frivolous

    under 28 U.S.C.

    No. 91-1253, slip op. Mar. 29,

    1915(d).
    1991.

    Dempsey
    _______

    v. White,
    _____

    There was no error

    of

    judgment on the part of the trial court.


    Affirmed.
    ________

    Appellant's

    order restraining order is denied.


    ______

    - 2 -

    pending motion

    for a

    gag

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