Opinion
Civil Action No. 14-cv-02323-CMA-MJW
01-13-2016
DAWANE ARTHUR MALLETT, Plaintiff, v. J. MUNOZ, Correctional Officer, Defendant.
ORDER DENYING PLAINTIFF'S MOTION TO SET ASIDE A JUDGMENT
This matter is before the Court on the Plaintiff's Motion to Set Aside a Void Judgment Pursuant to Fed. Rule of Civ. Procedure Rule 60(b)(4) and Supporting 1 Page Exhibit Pursuant to Rule 10(c). (Doc. # 61.)
On May 27, 2015, this Court entered final judgment against Plaintiff and also imposed sanctions pursuant to Fed. R. Civ. P. 11. (Doc. # 60.) Plaintiff now moves to set aside the judgment as void, claiming this Court lacked personal jurisdiction over Plaintiff. (Doc. # 61 at 2.) Plaintiff's argument is without merit because he fails to understand that filing suit constitutes consent to a district court's exercise of personal jurisdiction. See Rollins v. Inbersoll-rand co., 240 F. App'x 800, 802 (10th Cir. 2007). It is far beyond dispute that Plaintiff filed suit against Defendant in this Court. (Doc. # 1.)
Accordingly, it is hereby ORDERED that Plaintiff's Motion to Set Aside a Void Judgment Pursuant to Fed. Rule of Civ. Procedure Rule 60(b)(4) and Supporting 1 Page Exhibit Pursuant to Rule 10(c) (Doc. # 61) is DENIED.
DATED: January 13, 2016
BY THE COURT:
/s/_________
CHRISTINE M. ARGUELLO
United States District Judge