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Winston v. United States

United States District Court, Fourth Circuit

January 27, 2014

MONTE DECARLOS WINSTON,
v.
UNITED STATES OF AMERICA

MEMORANDUM OPINION

ROBERT E. PAYNE, Sr., District Judge.

By Memorandum Opinion and Order entered September 10, 2013, the Court dismissed Monte DeCarlos Winston's complaint pursuant to the Federal Torts Claim Act ("FTCA"), 28 U.S.C. §§ 1346, 2671-2689, with jurisdiction vested pursuant to 28 U.S.C. § 1331. On September 18, 2013 the Court received from Winston a "Motion Pursuant to Rule 60(a) and (b) of F.R.Civ.P." ("Rule 60 Motion, " ECF No. 54 (capitalization corrected).) If Winston wishes to pursue relief under Federal Rule of Civil Procedure 60(b), "he must identify the specific subsection of the rule that governs his motion and brief why he is entitled to relief under that portion of Rule 60(b). Shanklin v. Seals, No. 3:07cv319, 2011 WL 2470119, at *1 (E.D. Va. June 21, 2011) (citation omitted) (internal quotation marks omitted). To the extent Winston brings a motion pursuant to Federal Rule of Civil Procedure 60(a), he fails to identify "a clerical mistake or a mistake arising from oversight or omission... in a judgment, order, or other part of the record." Fed.R.Civ.P. 60(a).[1] Accordingly, Winston's Rule 60 Motion (ECF No. 54) will be denied without prejudice.

The Clerk is directed to send a copy of this Memorandum Opinion to Winston and counsel for the United States.


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