Bruce Rogers v. Shawna Boatright , 670 F. App'x 386 ( 2016 )

Case: 15-20354 Document: 00513725179 Page: 1 Date Filed: 10/19/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-20354 FILED
Summary Calendar October 19, 2016
Lyle W. Cayce
Clerk
BRUCE A. ROGERS,
Plaintiff-Appellant
v.
SHAWNA TALBOT BOATRIGHT, Supervisor, Texas Department of Criminal
Justice-Correctional Institution Division; JOSE L. GARCIA, JR.,
Transportation Driver, Security; HERBERT J. GARCIA, Transportation
Driver, Security; JOEL GARCIA,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CV-1058
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
Bruce A. Rogers, Texas prisoner # 566928, has appealed the district
court’s order denying his motion under Federal Rule of Civil Procedure 60(b)(6)
to reopen this civil rights lawsuit, which was voluntarily dismissed on Rogers’s
motion. Rogers contends that he has shown that he was prevented from
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-20354 Document: 00513725179 Page: 2 Date Filed: 10/19/2016
No. 15-20354
pursuing his civil rights claims by circumstances related to an illness and that
the defendants have not shown that they will be prejudiced if his lawsuit is
reopened. He argues that he should be permitted to proceed with his civil
rights claims in the interests of justice.
Under Rule 60(b)(6), a court may relieve a party from a final judgment
for “any other reason that justifies relief.” FED. R. CIV. P. 60(b)(6). Such a
motion must be made “‘within a reasonable time,’ unless good cause can be
shown for delay.” In re Osborne, 379 F.3d 277, 283 (5th Cir. 2004) (quoting
FED. R. CIV. P. 60(c)(1)). A Rule 60(b)(6) motion will be granted only in
extraordinary circumstances. Yesh Music v. Lakewood Church, 727 F.3d 356,
363 (5th Cir. 2013). “Accordingly, Rule 60(b)(6) requires a showing of manifest
injustice and will not be used to relieve a party from the free, calculated, and
deliberate choices he has made.” Id. (internal quotation marks and citation
omitted). “Rule 60(b)(6) should not be used to undo the damage done by a poor
strategic decision.” Id.
At most, Rogers’s illness provides good cause excusing his 14-month
delay in moving for relief under Rule 60(b)(6). Rogers has not shown that the
district court’s denial of his Rule 60(b)(6) motion will result in a manifest
injustice. See id. Extraordinary circumstances requiring relief under Rule
60(b)(6) are not present and have not been shown. See id. The district court’s
order is
AFFIRMED.
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