DocketNumber: 06-2342
Citation Numbers: 227 F. App'x 540
Judges: Smith, Gruender, Shepherd
Filed Date: 7/10/2007
Status: Non-Precedential
Modified Date: 10/19/2024
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2342 ___________ James Irvin, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Dave Dormire; Charles Turner; * Bill Galloway, * [UNPUBLISHED] * Appellees. * ___________ Submitted: July 5, 2007 Filed: July 10, 2007 ___________ Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Missouri inmate James Irvin appeals the district court’s1 denial of his February 2006 Federal Rule of Civil Procedure 60(b) motion, in which he had asked the court to set aside its April 2005 dismissal of his civil rights action. We find no abuse of discretion in the denial of the motion. See Greyhound Lines, Inc. v. Wade,485 F.3d 1032
, 1036 (8th Cir. 2007) (standard of review); Hunter v. Underwood,362 F.3d 468
, 475 (8th Cir. 2004) (appeal from denial of Rule 60(b) motion does not raise 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. underlying judgment for consideration, and such motion cannot substitute for timely appeal from judgment). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-