Professional Documents
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3d 787
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
BALDOCK
1
Plaintiff Rudy Candelaria appearing pro se appeals the district court's denial of
his Fed.R.Civ.P. 60(b)(3) motion. We have jurisdiction pursuant to 28 U.S.C.
1291 and affirm.
parties that the report would be used for summary judgment purposes.
3
On appeal, Plaintiff claims the district court erred by denying his Rule 60(b)(3)
motion. We review the district court's denial of a Rule 60(b)(3) motion for an
abuse of discretion. Massengale v. Oklahoma Bd. of Examiners in Optometry,
30 F.3d 1325, 1330 (10th Cir.1994). "Rule 60(b) relief is only appropriate
under extraordinary circumstances." Id. (citing Liljeberg v. Health Servs.
Acquisition Corp., 486 U.S. 847, 863-64 (1988)).
Rule 60(b)(3) provides that a district court may vacate a judgment for "fraud ...
misrepresentation, or other misconduct of an adverse party." Fed.R.Civ.P. 60(b)
(3). In order to obtain relief under Rule 60(b)(3), a litigant must prove an
adverse party committed fraud, misrepresentation, or misconduct by clear and
convincing evidence. Anderson v. Dept. of Health and Human Servs., 907 F.2d
936, 952 (10th Cir.1990).
AFFIRMED.
This order and judgment is not binding precedent, except under the doctrines of
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties' request for a decision on the briefs without
oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1.9. The case therefore
is ordered submitted without oral argument