F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 15 2003
TENTH CIRCUIT
PATRICK FISHER
Clerk
RICHARD GREENLEE,
Plaintiff - Appellant,
No. 03-3226
vs. (D.C. No. 95-CV-2525-JWL)
(D. Kan.)
UNITED STATES POSTAL
SERVICE; THE STATE OF
KANSAS,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before KELLY, BRISCOE, and LUCERO, Circuit Judges. **
Plaintiff-Appellant Richard Greenlee appeals from the district court’s
denial of his motion under Fed. R. Civ. P. 60(b) for relief from dismissal of his
action against the postal service. The parties are familiar with the facts and we
need not restate them here. Suffice it to say that Mr. Greenlee sought to reinstate
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. This court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
**
After examining the briefs and the appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
an action that had been dismissed without prejudice (for lack of service) more
than seven years earlier. He sought to appeal the same dismissal almost two years
later, but the appeal was dismissed for lack of jurisdiction. Greenlee v. United
States Postal Serv., No. 98-3052 (10th Cir. May 27, 1998). Thereafter came this
motion.
The district court determined that if the motion was construed as arising
under Fed. R. Civ. P. 60(b)(1), it was untimely because it was not made within a
year from the underlying judgment. Pioneer Inv. Servs. Co. v. Brunswick Assocs.
Ltd. P’ship, 507 U.S. 380, 393 (1993). If construed as arising under Fed. R. Civ.
P. 60(b)(6), the motion was not made within a reasonable time. See Liljeberg v.
Health Servs. Acquisition Corp., 486 U.S. 847, 863 (1988) (reasonable time
requirement). Our review is for an abuse of discretion. Browder v. Director,
Dept. of Corrections, 434 U.S. 257, 263 n.7 (1978). The district court did not
abuse its discretion.
AFFIRMED. All pending motions and requests for relief are denied.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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