LaFontaine v. Commissioner of Correctional Services, 184 F. App'x 96

SUMMARY ORDER

Petitioner Sergio LaFontaine appeals from the denial of his Rule 60(b) motion for relief from the district court’s June 2, 1997 judgment denying his 28 U.S.C. § 2254 petition. We assume familiarity with the facts, the procedural history, and the issues on appeal.

A motion for relief from judgment must be “made within a reasonable time.” Fed. R.Civ.P. 60(b). Petitioner could have made this Rule 60(b) motion after the decision in Galarza v. Keane, 252 F.3d 630 (2d Cir.2001). However, this motion was not filed until over three years after the decision in Galarza. Accordingly, this motion was untimely. See generally Kellogg v. Strack, 269 F.3d 100, 104 (2d Cir.2001) (finding two year delay unreasonable); Truskoski v. ESPN, Inc., 60 F.3d 74, 77 (2d Cir.1995) (finding eighteen month delay unreasonable).

For the foregoing reasons, the order of the district court is affirmed.

Case Details

Case Name: LaFontaine v. Commissioner of Correctional Services

Court Name: Court of Appeals for the Second Circuit

Date Published: Jun 5, 2006

Citations: 184 F. App'x 96; No. 05-5929-pr

Docket Number: No. 05-5929-pr

Court Abbreviation: 2d Cir.