United States v. June Garcia

1The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 09-1050
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Gerry C. DuBose, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Jennifer L. Carey; John D. Kelly; Hanft, *
Fride, O’Brien, Harries, Swelbar & * [UNPUBLISHED]
Burns, P.A., *
*
Appellees. *
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Submitted: June 4, 2009
Filed: June 8, 2009
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Before RILEY, SMITH, and BENTON, Circuit Judges.
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PER CURIAM.
Nearly two years after this court affirmed the adverse judgment in Gerry
DuBose’s 42 U.S.C. § 1983 action against Jennifer Carey, John Kelly, and their law
firm, see DuBose v. Carey, 204 Fed. Appx. 579 (8th Cir. Nov. 9, 2006) (unpublished
per curiam), DuBose filed a motion for relief under Federal Rule of Civil Procedure
60(b), restating theories he had advanced earlier without success. The district court 1

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denied DuBose’s motion, finding it untimely and without merit. He appeals, and,
following careful review, we find no abuse of discretion. See Middleton v.
McDonald, 388 F.3d 614, 616 (8th Cir. 2004) (standard of review).
Accordingly, we affirm for the reasons stated by the district court. See 8th Cir.
R. 47B.
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