Moreno v. Aukee

Background

Jose Rigoberto Moreno, representing himself, sued Eric Aukee and other defendants. The court allowed Moreno to proceed without paying the filing fee but dismissed his complaint under 28 U.S.C. § 1915(e) because it failed to state a claim for which relief could be granted. The court allowed him to file an amended complaint by August 30, 2019, and warned that failing to do so would likely result in dismissal. Moreno did not file an amended complaint by that deadline. The court dismissed the case on September 20, 2019.

Motions

Moreno filed a motion to continue the case, apparently asking to keep a status conference scheduled for October 24, 2019. The court determined that no status conference was needed because the case had already been dismissed.

Moreno also filed a motion to set aside the judgment. Although the motion did not expressly invoke Federal Rule of Civil Procedure 60, the court treated it as a request for relief under that rule because of its title. Rule 60 allows a court to provide relief from a judgment for specified reasons, such as mistake, newly discovered evidence, or fraud. The court found that Moreno’s motion did not allege facts supporting any qualifying reason for relief.

Ruling

The court denied Moreno’s motion to continue the case, denied his motion to set aside the judgment, and denied his motion for leave to file an amended complaint. The court denied the amendment request because it declined to set aside the earlier judgment. The order disposed of Docket Nos. 23, 24, and 25.