U.S. Court of Appeals for the Eighth Circuit, 2007

Gary Fuller v. Wendell Rayburn

Gary Fuller v. Wendell Rayburn
U.S. Court of Appeals for the Eighth Circuit · Decided February 22, 2007 · Wollman, Murphy, Bye
216 F. App'x 610

Gary Fuller v. Wendell Rayburn

Opinion

PER CURIAM.

Gary Fuller appeals the district court’s 1 denial of his Federal Rule of Civil Procedure 60(b)(6) motion. Upon careful review of the record, we conclude the district court did not abuse its discretion (1) in accepting a supplemental affidavit filed by defendants in support of their timely opposition to Fuller’s motion, and (2) in denying Rule 60(b) relief. See Harley v. Zoesch, 413 F.3d 866, 870 (8th Cir. 2005) (standard of review for denial of Rule 60(b) motion); cf. African Am. Voting Rights Legal Def Fund, Inc. v. Villa, 54 F.3d 1345, 1350 (8th Cir. 1995) (district court has discretion whether to accept or reject untimely filed materials in support of summary judgment motion). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Fuller’s pending motions.

1

. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.

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