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Contract: Other | Illinois Southern
Mail Returned
Mail Returned as Undeliverable. Document 12 sent to Micheal N B Attaway (jaj)
Order ~Util - Terminate Motions
ORDER DENYING 10 Motion to Reinstate Case of Plaintiff, Micheal N.B. Attaway. Plaintiff asks the Court to reinstate this lawsuit, which was voluntarily dismissed on September 21, 2023 (Doc. 7 ). Plaintiff claims reinstatement is appropriate under Rule 60(b)(1), which permits relief from a judgment or order for mistake, inadvertence, surprise or excusable neglect. Specifically, Plaintiff contends he can establish excusable neglect because he was incarcerated when he chose to voluntarily dismiss the case. The motion is due to be denied. First, a one-year time limit applies to such motions, Fed. R. Civ. P. 60(c)(1), and Plaintiff's motion was filed more than a year after he voluntarily dismissed his case. Second, [e]xcusable neglect under Rule 60(b)(1) covers unintentional omissions, such as missed filing deadlines; it does not apply to a plaintiffs deliberate actions. Edwards-Brown v. Crete-Monee 201-U School Dist., 491 F. Appx 744, 747 (7th Cir. 2012). Accordingly, Plaintiff's Motion to Reinstate Case is DENIED. Consequently, Plaintiff's 11 Motion for Change of Venue to the Central District of Illinois, Urbana Division is DENIED AS MOOT. Signed by Judge David W. Dugan on 4/2/2025. (drmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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