United States District Court, D. Maine
RECOMMENDED DECISION ON PLAINTIFF'S MOTION FOR
RELIEF FROM JUDGMENT
C. NIVISON, U.S. MAGISTRATE JUDGE.
matter, Plaintiff Nixon Louis, an inmate in the custody of
the Maine Department of Corrections, alleged that Defendants
deprived him of due process, subjected him to cruel and
unusual punishment, and discriminated against him.
December 13, 2017, following review of Plaintiff's claims
in accordance with 28 U.S.C. §§ 1915(e)(2) and
1915A(a), the Court determined that Plaintiff had failed to
assert an actionable federal claim and dismissed
Plaintiff's complaint. (Order Affirming Recommended
Decision, ECF No. 13; Recommended Decision, ECF No. 11.) The
Court entered its judgment of dismissal on December 13, 2017.
(Judgment, ECF No. 14.)
matter is now before the Court on Plaintiff's motion for
relief from judgment. (Motion, ECF No. 15.) Through his
motion, Plaintiff attempts to clarify the nature of his
federal claim, and he evidently requests the opportunity to
assert state law claims of negligence and conversion.
(Id. at 2.)
a review of Plaintiff's motion, I recommend the Court
deny the motion.
may seek relief from judgment pursuant to Federal Rule of
Civil Procedure 60.
On motion and upon such terms as are just, the court may
relieve a party or a party's legal representative from a
final judgment, order, or proceeding for the following
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for
a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged;
it is based on an earlier judgment that has been reversed or
vacated; or applying it ...