Archive for the ‘Rule 59(e)/60(b) Relief’ Category

CA10 — memorandum decision

Katekaru v. Scott, No. 08-3130 — The petitioner complained that the Bureau of Prisons did not correctly compute his “good camp” time for a parole revocation following a 1987 conviction on making a false statement to the IRS.  The district court had denied a § 2241 petition in 1993 (or possibly early 1994).  Fourteen years later, the petitioner filed a Rule 60(b)(4) motion, asking the district court for relief on the ground that the judgment is void because the district court failed to docket a letter asking for relief from the judgment in the § 2241 case.  The Tenth Circuit affirmed the denial of the motion, finding no due process violation and agreeing that the judgment was not void merely because it may have been erroneous.