Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-01248-GIVIS Document 21 Filed 10/25/2006 Page 1 of 3
IN UNITED STATES DISTRICT COURT -
_ FOR THE DISTRICT OF DELAWARE p _
RICHARD Y. OBENG, : »
I E Plaintiff] - U ` » l J U
_ v. I Civil Action No. 04-1248-GMS
DELAWARE STATE POLICE, et al. · P
. v Defendants. _
RESPONSE OF DEFENDANT FEDERAL BUREAU OF
‘ INVESTIGATION TO PLAINTIFF'S MOTION _TO REOPEN (
The Federal- Bureau of hivestigation ("FBI") opposes Plaintiffs Amended Motion to
Reopen Civil Action Case No. 04-1248 (GMS) ("Plaintiffs Motion") and in support of its
opposition avers as follows: _
I l. If construed as a Motion to Alter or Amend Judgment under Fed.R.Civ.P. 59,
Plaintiffs Motion is untiimely, coming more than one year after the July 7, 2005 entry of the I
judgment complained of Pursuant to the terms of Rule 59, "[a]ny motion to alter or amend a .
judgment shall be filed no later than ten days after entry of the judgnient." · ‘
I 2. If construed as a Motion for Relief from Judgment under Fed.R.Civ.P. 60,
Plaintiffs Motion fails to allege any new facts supporting a Ending of any of the six specified
i grounds for such a motion. Plaintiffs motion does not contain any new allegations of j
I "(1)mistal du diligence could not have been discovered in time to move fora new trial under Rule 59(b); `
(3) fraud. . .misrepresentation, or other misconduct of an adverse party, (4) the judgment is void;
(5) the judgment has bee11 satisfied, released or discharged. . .; (6) any other {eases justifying

Case 1 :04-cv-01248-GIVIS Document 21 Filed 10/25/2006 Page 2 of 3
relief from the operation of the judgment." Fed.R.Civ.P. 60(b). Instead Plaintiffs Motion simply
restates his original fantastical and frivolous allegations, which the Court has already dismissed.
3. _ Moreover, if construed as a motion under Fed.R.Civ.P., it is untimely. Such a
‘ motion should be Iiled Within a "reasonable" time. Id. Plaintiffs motion was filed more than a
year after the judgment complained of l I
4. Because the C0l.11‘ll’S judgment dismissing the claims against the FBI resulted from
a finding that the Court lacked jurisdiction, and because Plaintiff s Motio11 does not address the j
l jurisdictional issue, it should be summarily dismissed.
WHEREFORE Defendant FBI urges the Court to dismiss Plaintiffs Motion with _
A prejudice. ·
CCLM F. CONNOLLY `
United States Attorney
_ By:/s/Patricia C. Hannigan
Patricia C._I-Iannigan,
l Assistant United States Attorney
Delaware Bar I.D. No. 2145
` ' The Nemours Building i
1007 Orange Street, Suite 700 .
P. O. Box 2046 .
Wilmington, Delaware 19801
(302) 673-6277
` Dated: October 25, 2006 _

_ Case 1 :04-cv-01248-GIVIS Document 21 Filed 10/25/2006 Page 3 of 3 { . I
1 CERTIFICATE OF SERVICE
_ I, Patricia C. Hannigan, hereby certihr that on October 25, 2006, I electronically filed the
foregoing RESPONSE OF DEFENDANT FEDERAL BUREAU OF INVESTIGATION TO -
PLAINTIFF'S MOTION TO REOPEN with the Clerk of the Court using CM/ECF which will
send notification of such filing to the following:
· Susan W. Waesco, Esquire _
Morris, Nichols, Arsht & Tnnnell 1 ` .
1201 Market Street ‘
P.O. Box 1347 .
Wilinington, DE 19899 l _
(302) 498-6677 I
I Fax: (302) 425-3088
- [email protected] .
Counsel for Comcczst Cable
Notification of such filing will be sent _via Federal Express to Plaintiff at the following address:
_ Richard Y. Obeng ‘ I
1710 Christiana Meadow I
Bear, DE 19701
(302) 325-2065 - -
richardyobe11gg@,yahoo.co1n
Pro Se I I
‘ COLM F. CONNOLLY .
· United States Attorney
By: /s/Patricia C. Hannigan
Patricia C. Hannigan
Assistant United States Attoniey
Delaware Bar 1.D. No. 2145
The Nemours Building
` 1007 Orange Street, Suite 700
P. O. Box 2046
» . Wilmington, DE 19899-2046 ·
. (302) 573-6277
Patricia.I-Ia1n1iga11(Q)_,usdo]' . gov