U.S. Court of Appeals for the Eighth Circuit, 2005

Cornelius Moore v. Gregory L. Sims

Cornelius Moore v. Gregory L. Sims
U.S. Court of Appeals for the Eighth Circuit · Decided July 14, 2005 · Bye, McMillian, Per Curiam, Riley
138 F. App'x 881

Cornelius Moore v. Gregory L. Sims

Opinion

PER CURIAM.

Cornelius Moore, a Nebraska inmate, appeals from the final judgment entered in the District Court 1 for the District of Nebraska denying Moore’s third Fed.R.Civ.P. 60(b)(6) motion. Having thoroughly reviewed the record, we conclude that the district court did not abuse its discretion in denying the motion. It was not filed within a reasonable time, it presented arguments that could have been raised in a timely appeal from the underlying judgment, and it also presented arguments that had been previously rejected by the district court. See Swope v. Siegel-Robert, Inc., 243 F.3d 486, 498 (8th Cir.) (Rule 60(b) movant must demonstrate exceptional circumstances to obtain relief; denial of motion reviewed for abuse of discretion), cert. denied, 534 U.S. 887, 122 S.Ct. 198, 151 L.Ed.2d 139 (2001).

Accordingly, we affirm. See 8th Cir. R. 47A(a). We deny Moore’s motion for production of the record.

1

. The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.