Legal Opinion
John Henry Tomlin v. William McDaniel Kenneth Lucas, Frank Reyes
Court of Appeals for the Ninth Circuit
Decided January 10, 1989No. 87-2557PublishedCited by 50 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Appellant Tomlin seeks to revive his 42 U.S.C. § 1983 action against appellees which was decided against Tomlin finally on October 4, 1982, the date the Supreme Court denied Tomlin’s petition for certiorari which sought review of the dismissal of his action. Tomlin’s revival effort consists of a motion for relief from judgment under Fed.R.Civ.P. 60(b)(4), (5), and (6). The district court denied the motion and we affirm.
Tomlin’s Rule 60(b) motion rests on the following facts. The section 1983 action was dismissed as time barred on the basis of Major v. Arizona State…
2Cases cited12 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
- Werner v. CarboCourt of Appeals for the Fourth Circuit · 1984
- Christopher Martella v. Marine Cooks & Stewards Union, Seafarers International Union of North America, Afl-CioCourt of Appeals for the Ninth Circuit · 1971
- Sam Title, AKA Sam Teitelman v. United StatesCourt of Appeals for the Ninth Circuit · 1959
7 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Myron Batts v. Tow-Motor Forklift Company and Caterpillar, Inc., Caterpillar, Inc.Court of Appeals for the Fifth Circuit · 1995
- Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009
- Calderon v. United States District Court for the Central District of CaliforniaCourt of Appeals for the Ninth Circuit · 1998
- Delay v. GordonCourt of Appeals for the Ninth Circuit · 2007
- 98 Cal. Daily Op. Serv. 8959, 98 Daily Journal D.A.R. 12,479 Arthur Calderon, Warden of California State Prison at San Quentin v. The United States District Court for the Central District of California, Horace Edwards Kelly, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1998
45 more not listed; retrieve them via the Exa API.