Kelvin Settle v. United States of America

United States Court of Appeals
For the Eighth Circuit
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No. 13-1676
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Kelvin Settle
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: July 02, 2013
Filed: July 08, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.
Kelvin Settle appeals the district court’s denial of his Federal Rule of Civil1
Procedure 60(d) motion to set aside judgment for fraud on the court, following the
The Honorable Jean C. Hamilton, United States District Judge for the Eastern1
District of Missouri.

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denial of his motion to return property. We conclude that the court did not abuse its
discretion in denying the Rule 60(d) motion. See Superior Seafoods, Inc. v. Tyson
Foods, Inc., 620 F.3d 873, 878 (8th Cir. 2010) (standard of review). Contrary to
Settle’s assertion, the district court’s denial of his motion to return property--which
this court affirmed in an earlier appeal--was not based solely on a disclaimer that was
purportedly signed by him, but which he alleged was fraudulent; thus, his Rule 60(d)
motion did not provide a basis for relief. See id. (relief under Rule 60(d) is only
available where it would be manifestly unconscionable to allow judgment to stand).
Accordingly, we affirm. See 8th Cir. R. 47B.
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