ELLIOTT v. OCWEN LOAN SERVICING (2020)

United States Court of Appeals, Eighth Circuit.

Raymond D. ELLIOTT, Plaintiff - Appellant, v. OCWEN LOAN SERVICING, L.L.C., Defendant - Appellee.

No. 19-2102

Decided: March 05, 2020

Before LOKEN, BEAM, and COLLOTON, Circuit Judges. Raymond D. Elliott, Pro Se Jeffery D. Collins, Lynn & Jackson, Rapid City, SD, for Defendant - Appellee

[Unpublished]

Raymond Elliott appeals the district court’s ¹ denial of his Fed. R. Civ. P. 60(b) motion. On appeal, we review whether the district court abused its discretion in denying the Rule 60(b) motion, not the underlying judgment. See Noah v. Bond Cold Storage, 408 F.3d 1043, 1045 (8th Cir. 2005). Reversing the denial of such a motion is rare, because Rule 60(b) authorizes relief in only the most exceptional cases. Id. Upon careful review of the record, including the well-reasoned opinion of the district court and the arguments on appeal, we conclude there was no abuse of discretion in the denial of post-judgment relief.

Elliott’s motions for summary judgment and for an injunction pending appeal are denied as moot, and the judgment of the district court is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Jeffrey L. Viken, United States District Judge for the District of South Dakota.

PER CURIAM.