United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER (1) DENYING THE MOTION TO VACATE
THE ORDER OF DISMISSAL (Doc. 19) AND (2) DENYING THE MOTION
FOR RELIEF FROM JUDGMENT (Doc. 20)
HONORABLE VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE
filed two separate civil rights complaints. The cases were
consolidated into one action. On April 18, 2019, the
complaint was dismissed without prejudice for failing to
state a claim upon which relief can be granted. Coleman
v. Johansene, No. 2:19-CV-10572, 2019 WL 1746256 (E.D.
Mich. Apr. 18, 2019).
pending are Plaintiff's motions to vacate the order of
dismissal and for relief from judgment. The motions are
Court discusses the motions together because they are
related. Plaintiff seeks relief from judgment pursuant to
Fed.R.Civ.P. 60(b), a motion for relief from judgment can be
granted for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could
not have been discovered in time to move for a new trial
under Rule 59(b);
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged,
or a prior judgment upon which it is based has been reversed
or otherwise vacated, or it is no longer equitable that the
judgment should have prospective application; or,
(6) any other reason justifying relief from the operation of
party who seeks to invoke Rule 60(b) bears the burden to
establish that its prerequisites are satisfied. See Jinks
v. AlliedSignal, Inc., 250 F.3d 381, 385 (6th Cir.
2001). A Rule 60(b) motion is properly denied where the
movant attempts to use the motion to relitigate the merits of
a claim and the allegations are unsubstantiated. See
Miles v. Straub, 90 Fed.Appx. 456, 458 (6th Cir. 2004).
A movant under Rule 60(b) likewise fails to demonstrate
entitlement to relief when he or she simply rephrases the
prior allegations that were contained in the original
complaint. See Johnson v. Unknown Dellatifa, 357
F.3d 539, 543 (6th Cir. 2004).
60(b)(1) motion for relief from judgment is available to
provide relief only when: (1) a party has made an excusable
mistake or an attorney has acted without authority, or (2)
the judge has made a substantive mistake of law or fact in
the final judgment or order. U.S. v. Reyes, 307 F.3d
451, 455 (6th Cir. 2002).
alleged in his complaints that on July 10, 2018, he was
stopped and illegally searched at the Detroit Metropolitan
Airport by Defendants Johansene and Bucciarellir, two airport
police officers. Plaintiff alleged that the officers seized
money from him without a warrant. Plaintiff alleged that
evidence from this arrest was used as the basis to revoke his
supervised release for his conviction for conspiracy to
possess with the intent to distribute at least five kilograms
of a mixture and substance containing cocaine ...