United States v. Arnaldo Mancias

*
The Honorable Daniel Hovland, Chief Judge, United States District Court for
the District of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2705
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State of North Dakota, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of North Dakota.
*
Michael H. Nowik, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 21, 2003
Filed: November 25, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Michael H. Nowik appeals the district court's* order denying Nowik's motions
for reconsideration under Federal Rule of Civil Procedure 60(b) and for default
judgment, both filed after the district court dismissed his purported removal of a state
court criminal action. We conclude the district court did not abuse its discretion in
denying either the Rule 60(b) motion, see Swope v. Siegel-Robert, Inc., 243 F.3d 486,
498 (8th Cir.) (Rule 60(b) motion must demonstrate exceptional circumstances for

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relief; reviewed for abuse of discretion), cert. denied, 534 U.S. 887 (2001), or the
motion for default judgment. Accordingly, we affirm.
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