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

James Irvin v. Dave Dormire

James Irvin v. Dave Dormire
U.S. Court of Appeals for the Eighth Circuit · Decided July 10, 2007 · Smith, Gruender, Shepherd
227 F. App'x 540

James Irvin v. Dave Dormire

Opinion

[UNPUBLISHED]

PER CURIAM.

Missouri inmate James Irvin appeals the district court’s 1 denial of his February 2006 Federal Rule of Civil Procedure 60(b) motion, in which he had asked the court to set aside its April 2005 dismissal of his civil rights action. We find no abuse of discretion in the denial of the motion. See Greyhound Lines, Inc. v. Wade, 485 F.3d *541 1032, 1036 (8th Cir. 2007) (standard of review); Hunter v. Underwood, 362 F.3d 468, 475 (8th Cir. 2004) (appeal from denial of Rule 60(b) motion does not raise underlying judgment for consideration, and such motion cannot substitute for timely appeal from judgment). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

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