Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McCray v. Nelson

United States District Court, S.D. Mississippi, Western Division

July 13, 2017

OTIS OLIVER MCCRAY PLAINTIFF
v.
DAVASHA NELSON DEFENDANT

          ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT

          DAVID BRAMLETTE, UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on plaintiff Otis Oliver McCray (“McCray”)'s Motion for Relief from Judgment (docket entry 18). Having carefully reviewed motion and applicable statutory and case law, the Court finds and orders as follows:

         I. Background

         Plaintiff Otis Oliver McCray (“McCray”) was charged on March 7, 2007, as a habitual offender in the Circuit Court of Wilkinson County with murder, robbery, and possession of a firearm by a convicted felon. McCray pled guilty to lesser charges of manslaughter and robbery as a habitual offender and was sentenced to serve fifteen and twenty years on the charges, respectively.

         On December 7, 2016, McCray filed a pro se complaint in the Circuit Court of Wilkinson County, asserting claims under state and federal law in connection with defendant Davasha Nelson (“Nelson”)'s alleged forgery of McCray's 2007 criminal indictment. Nelson timely removed the action to federal court on January 27, 2017, and subsequently filed a motion for judgment on the pleadings as to the plaintiff's state and federal claims.

         Adopting the Report and Recommendation of Magistrate Judge Michael T. Parker, the Court entered an Order (docket entry 15) on May 31, 2017, granting Nelson's Motion for Judgment on the Pleadings as to Federal Claims (docket entry 9) and dismissing the plaintiff's federal claims under 42 U.S.C. § 1983 with prejudice to their being asserted again until the conditions set forth in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) are satisfied. The Court denied the defendant's Motion for Judgment on the Pleadings as to State Law Claims (docket entry 7) insofar as the Court declined to exercise supplemental jurisdiction over McCray's remaining state law claims and remanded the action to the Circuit Court of Wilkinson County.

         McCray now moves for relief from judgment under Federal Rule of Civil Procedure 60(b) (docket entry 18). Though the subject of McCray's motion is somewhat unclear, the Court construes the motion as one seeking relief from the judgment entered on May 31, 2017, which dismissed McCray's federal claims.[1]

         II. Discussion

         Under Rule 60, the Court may relieve a party from a final judgment or order for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud...misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.