Albert H. Carter, proceeding pro se, appeals from the district court’s denial of his motion for relief from judgment under Fed. R.Civ.P. 60(b). We affirm.
This action is before us for the second time. In his complaint, filed on December 30, 1976, Carter sought to recover damages for an alleged violation of another person’s civil rights. Carter claimed that the alleged victim, Robert Lee Swanson, had assigned to him Swanson’s entire interest in the cause of action. The district court dismissed the complaint on the grounds that Carter lacked standing and that his action was time-barred. Carter appealed, and, on August 19, 1977, we affirmed the dismissal for lack of standing.
Carter v. Romines,
Carter sought relief from the judgment of dismissal in a motion under Fed.R.Civ.P. 60(b) filed in the district court on October 30, 1978. He contended that the Supreme Court’s decision in
Robertson v. Wegmann,
On Carter’s present appeal from the denial of his Rule 60(b) motion, we may review the district court’s ruling only for abuse of discretion.
Browder v. Director, Illinois Department of Corrections,
No abuse of discretion exists here. Our affirmance of the district court’s dismissal of Carter’s complaint, coupled with the Supreme Court’s denial of certiorari, barred Carter from returning to the district court to reargue the issues resolved against him.
Hartman v. Lauchli,
Accordingly, we affirm. 1
Notes
. We note that the Supreme Court denied Carter’s petition for certiorari on his initial appeal in this case five days after it decided Robertson v. Wegmann, supra, the decision upon which Carter relies in seeking relief from judgment. In any event, we do not read Robertson as requiring either a reversal here or a result in a similar case different from that reached in our initial decision in this case.
