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Fuller v. Rayburn

United States Court of Appeals, Eighth Circuit
Feb 22, 2007
216 F. App'x 610 (8th Cir. 2007)

Opinion

No. 06-1335.

Submitted: January 30, 2007.

Filed: February 22, 2007.

Appeal from the United States District Court for the Western District of Missouri.

Gary Fuller, Jefferson City, MO, pro se.

Kent L. Brown, Jefferson City, MO, for Appellees.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.


[UNPUBLISHED]


Gary Fuller appeals the district court's 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.

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


Summaries of

Fuller v. Rayburn

United States Court of Appeals, Eighth Circuit
Feb 22, 2007
216 F. App'x 610 (8th Cir. 2007)
Case details for

Fuller v. Rayburn

Case Details

Full title:Gary FULLER, Appellant, v. Wendell RAYBURN; George Brooks; Robert Culler…

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 22, 2007

Citations

216 F. App'x 610 (8th Cir. 2007)