Opinion
Civil Case No. 08-cv-01053-REB-KMT.
December 14, 2010
ORDER
The matter before me is plaintiff's Objection [#78] filed November 5, 2010, which I construe as a motion for reconsideration under Fed.R.Civ.P. 60(b). See Brown v. Professional Transportation , 1989 WL 85056 at *1 (D. Kan. July 20, 1989). I deny the motion.
"[#78]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Construed as an objection to the Recommendation of United States Magistrate Judge [#69], filed August 18, 2010, I find plaintiff's arguments to be imponderous and without merit, and they would not change my Order Adopting Recommendation of United States Magistrate Judge [#75] enterled October 29, 2010.
Rule 60(b) relief requires a showing of exceptional circumstances warranting relief from judgment. Van Skiver v. United States , 952 F.2d 1241, 1243 (10th Cir. 1991). A litigant shows exceptional circumstances by satisfying one or more of the grounds for relief enumerated in Rule 60(b). Id. at 1243-44. The only possible ground for relief under this rule is provided by subparagraph (6), which contemplates relief from judgment based on "any other reason that justifies relief." FED.R.CIV.P. 60(b)(6). I perceive nothing in plaintiff's motion to suggest that such extraordinary relief is warranted in this case.
THEREFORE, IT IS ORDERED that plaintiff's Objection [#78] filed November 5, 2010, is OVERRULED, and, as construed as a motion for reconsideration under Fed.R.Civ.P. 60(b), is DENIED.
Dated December 14, 2010, at Denver, Colorado.