USA v. Jayavarman

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JASON JAYAVARMAN,
Defendant. Case No. 3:13-cr-00097-SLG
ORDER RE MOTION FOR RELIEF
Before the Court at Docket 368 is Jason Jayavarman’s Motion for Relief
under Federal Rule of Civil Procedure 60(b)(1) and (2).1 Mr. Jayavarman contends
that the Court “violated [his] appellate rights” by failing to notify him of its November
28, 2022, denial of his prior Rule 60(b) motion “until it was too late for him to file
an appeal.”2 However, the Court rectified the alleged lack of notice by granting Mr.
Jayavarman’s subsequent Rule 60(b) motion, and vacated and re-entered the
November 	2022 	order 	in 	October 	2023, 	thereby 	according 	to 	him 	another
opportunity to pursue an appeal.3 And Mr. Jayavarman did in fact seek to appeal
the Court’s order; however, the Ninth Circuit denied a certificate of appealability.4
1 See Docket 369 (Decl.).
2 Docket 368 at 2; Docket 355 (Order).
3 Docket 361 at 2-4.
4 Docket 364 (Notice of Appeal); Docket 367 (Ninth Circuit Order).
Case 3:13-cr-00097-SLG Document 370 Filed 03/20/24 Page 1 of 2

Case No. 3:13-cr-00097-SLG, USA v. Jayavarman
Order re Motion for Relief
Page 2 of 2
Mr. Jayavarman does not raise any other grounds for relief under Rule 60(b)
beyond the issue this Court has already remedied by its prior order. Accordingly,
Mr. Jayavarman’s Motion for Relief under Federal Rule of Civil Procedure 60(b)(1)
and (2) at Docket 368 is DENIED.
DATED this 20th day of March 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:13-cr-00097-SLG Document 370 Filed 03/20/24 Page 2 of 2