Judy v. Obama

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT August 15, 2017
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Elisabeth A. Shumaker
Clerk of Court
CODY ROBERT JUDY,
Plaintiff - Appellant,
v. No. 17-4055
(D.C. No. 1:14-CV-00093-TS)
BARACK HUSSEIN OBAMA, a/k/a (D. Utah)
BARRY SOETORO; DEMOCRATIC
NATIONAL COMMITTEE;
ORGANIZATION FOR ACTION,
Defendants - Appellees.
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ORDER AND JUDGMENT*
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Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges.
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Cody Robert Judy appeals the district court’s denial of his motion for relief from
judgment and a later motion for reconsideration. Because Mr. Judy has failed to show
that the district court abused its discretion, we affirm.
Mr. Judy brought this action under 42 U.S.C. § 1983, the Sherman Antitrust Act,
and the Clayton Act, asserting that former President Barack Obama is not a natural-born
*
After examining the briefs and appellate record, this panel has determined unanimously
that oral argument would not materially assist in the determination of this appeal. See
Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted
without oral argument. This order and judgment is not binding precedent, except under
the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R.
32.1.
citizen eligible to hold the office of President of the United States, and that he and other
high-ranking public and party officials, including Representative Nancy Pelosi and
Senator Harry Reid, acted “as a cartel . . . in the political arena contrary to the public
good.” Aplt. App. at 6. Because Mr. Judy brought this action in forma pauperis under
28 U.S.C. § 1915, the district court undertook its duty to screen the complaint, see 28
U.S.C. § 1915(e)(2)(B)(i), and dismissed it as frivolous on October 7, 2014. We affirmed
the district court’s decision. See Judy v. Obama, 601 F. App’x. 620, 623 (10th Cir.
2015).
Almost two years after our decision Mr. Judy filed in the district court a motion
for relief from the district court’s judgment, citing “new evidence” alleging that President
Obama’s birth certificate was forged. The district court denied the motion. Mr. Judy
moved for reconsideration of the district court’s denial, arguing that the district court
prematurely denied his motion before defendants filed a response. The district court
denied the motion for reconsideration and Mr. Judy appealed the denial of his motions for
relief and reconsideration.
We determined that Mr. Judy’s appeal was frivolous and declined to consider the
issues raised until Mr. Judy paid the required filing fees. On July 21, 2017, Mr. Judy paid
the required filing fees to the district court. We therefore turn to the merits of Mr. Judy’s
appeal.
Mr. Judy’s motion for relief from judgment was filed on January 27, 2017.
Because this was more than two years after the judgment, we treat it as a motion under
Fed. R. Civ. P. 60(b). See Williams v. Akers, 837 F.3d 1075, 1077, 1077 n.1 (10th Cir.
2
2016). But a Rule 60(b) motion based on newly discovered evidence must be made “no
more than a year after the entry of judgment.” Fed. R. Civ. P. 60(c)(1); see 11 Charles
Allan Wright & Arthur R. Miller, Federal Practice & Procedure § 2866 (3d ed.) (“A
motion under clauses (1), (2), or (3) must be denied as untimely if made more than one
year after judgment regardless of whether the delay was reasonable.”). The district court
did not abuse its discretion in denying the motion. See Butler v. Kempthorne, 532 F.3d
1108, 1110 (10th Cir. 2008) (internal quotation marks omitted). (“We review the district
court’s denial of a Rule 60(b) motion for an abuse of discretion.”). And because the
denial of Mr. Judy’s motion for relief from judgment was indisputably correct, there is
likewise no merit to the motion for reconsideration.
We AFFIRM.
Entered for the Court
Harris L Hartz
Circuit Judge
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