Opinion
84 Civ. 6294(TPG).
February 21, 2007
OPINION
On December 26, 2006, plaintiff filed her third motion under Fed.R.Civ.P. 60(b). In this motion, plaintiff seeks a retrial based on newly discovered evidence and fraud. This motion is denied.
This matter was tried to a jury in August 1999. The verdict was against plaintiff. Judgment was entered on September 3, 1999, dismissing the complaint. On February 1, 2000 the Court of Appeals dismissed the appeal as lacking an arguable basis in law or fact.
Plaintiff filed her first 60(b) motion on October 21, 2002, more than three years after the verdict and judgment was entered. On September 24, 2003, the court denied that motion as untimely. Plaintiff's appeal of the denial of the October 21, 2002 motion was denied by the Court of Appeals on September 21, 2004.
Plaintiff's second 60(b) motion was filed on March 15, 2006. By memorandum endorsement, the court denied that motion on December 11, 2006. This was followed by the present motion, filed on December 26, 2006.
Fed.R.Civ.P. 60(b) provides for relief from a judgment or order for various reasons. Motions brought pursuant to rule 60(b) must be made within a reasonable time, and if the motion is made under subdivision (2) or (3), it shall be made not more than one year after the judgment, order or proceeding was entered or taken. Here, plaintiff's present motion is made pursuant to subdivisions (2) and (3). The motion was filed over seven years from the judgment in this case and over two years after her latest appeal was denied.
The motion is denied.
It is further ordered that plaintiff may not file any further papers under the civil docket number of this case (88 Civ. 6294(TPG)), except for papers directed to the Court of Appeals for the Second Circuit. The Clerk of the District Court is directed not to accept any additional papers under this docket number, except for papers directed to the Court of Appeals. Any papers plaintiff attempts to file, other than those directed to the Court of Appeals, are to be returned to her.
As just indicated, this court cannot prevent plaintiff from making filings with the Court of Appeals. However, with regard to any application to appeal in forma pauperis, this court declines to certify that such an appeal would be taken in good faith. See, 28 U.S.C. § 1915(a)(3).
SO ORDERED.