Opinion
Civil Action No. 08-11521-JLT.
June 15, 2010
ORDER
Presently at issue is Petitioner's Motion for Relief from Judgment [#24]. Petitioner asks this court to vacate the dismissal of his Petition for Writ of Habeas Corpus for reasons of excusable neglect. In support of his motion, Petitioner offers only the assertion that he did not receive notice of this court's scheduling orders. But "mere lack of notice does not constitute excusable neglect," especially where, as here, the Petitioner could have monitored the docket and thereby kept himself apprised of developments in the case. Accordingly,Petitioner's Motion for Relief from Judgment [#24] is DENIED.
Fed.R.Civ.P. 60(b)(1) allows the court to relieve a party from a final judgment for reasons of "mistake, inadvertence, surprise, or excusable neglect."
In re Mayhew, 223 B.R. 849, 855 (D.R.I. 1998) (citing Citibank, N.A. v. Roanca Realty, Inc., 747 F.2d 816, 817 (1st Cir. 1984)).
IT IS SO ORDERED.