Friday, September 30, 2005

Rule 60(b) Motion Based on Lack of Notice May Be Denied Where Dismissal Proper Based on Younger Abstention

The First Circuit has held that a Fed.R.Civ.P. 60(b)(6) motion for relief from judgment made by plaintiffs alleging they had not received notice that the court was considering dismissal of their suit was properly denied by the district court becuase the case was properly dismissed on Younger abstention principles. Because of that fact, dismissal of the suit without notice did not affect the plaintiffs' substantial rights, and so the denial of Rule 60(b) relief was appropriate (although the court had to direct the district court to modify its dismissal to be without prejudice).

Chalupowski v. Berry, No. 05-1193 (1st Cir. Sept. 27, 2005) (unpublished).


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