Citation Codes Equivalent Citations citation codes Docket Number No. CIV-S-01-2262 MCE/PAN P. Judges Morrison C. England See more information ... Smart Summary Please sign up to generate summary. GREGORIO C. FUNTANILLA, JR. Petitioner, v. CHERYL PLILER Respondent. ORDER MORRISON ENGLAND, District Judge July 26, 2005, the court dismissed this action and the clerk of the court duly entered judgment. Petitioner seeks relief from judgment upon grounds asserted in his untimely objections to the April 27, 2005, findings and recommendations. Pursuant to Fed.R.Civ.P. 60(b): On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order or proceeding 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 adverse party; (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 the judgment. Petitioner does not demonstrate he is entitled to relief from judgment. Accordingly, petitioner's August 5, 2005, request is DENIED. IT IS SO ORDERED.