Opinion
Case No. 6:00-cr-147-Orl-19DAB.
April 13, 2006
ORDER
This case is before the Court on the following motion:
MOTION: Defendant's Motion for Rule 60(b) Fraud, Misrepresentation, or Other Misconduct by an Adverse Party (Doc. No. 462, filed March 29, 2006).
Federal Rule of Civil Procedure Rule 60(b)(3) provides parties the opportunity to seek relief from a final judgment when the party can show "fraud . . ., misrepresentation, or other misconduct of an adverse party." However, such relief must be sought within one year after the judgment was entered. See Fed.R.Civ.P. 60(b). Defendant's Judgement in a Criminal Case (Doc. No. 426) was entered on October 7, 2003, and the Rule 60(b)(3) motion is untimely.
Thereon it is ORDERED that the motion is DENIED.
DONE AND ORDERED.