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Administrative Procedure Act/Review or Appeal of Agency Decision | District Of Columbia
Order on Motion for Relief from Judgment
MINUTE ORDER. Upon consideration of plaintiffs' 48 Motion for Relief from Judgment ("Mot."), it is hereby ORDERED that the motion is DENIED. Plaintiffs seek relief under Federal Rules of Civil Procedure 60(b)(4) and 60(b)(5), but neither rule applies. As to Rule 60(b)(4), plaintiffs rely on the 2012 Karluk Tribal Court judgment and the Western District of Washington's ministerial docketing of that judgment. See Mot. at 12-13. But this Court has already held that the Karluk Tribal Court lacked authority to issue the judgment, 30 Mem. Op. at 8, and the D.C. Circuit confirmed that neither the judgment nor the docketing had any legal effect and cannot be used to collaterally attack this Court's dismissal order. See Kanam v. Haaland, No. 22-5197, at 2 (D.C. Cir. Apr. 25, 2023). Rule 60(b) is not a vehicle for reasserting arguments previously raised or that could have been raised previously. See Stephenson v. Chao, 2020 WL 122984, at *2 (D.D.C. Jan. 10, 2020). As to Rule 60(b)(5), plaintiff refers to the January 23, 2025 executive memorandum recognizing the Lumbee Tribe of North Carolina, Mot. at 10-11, but that does not constitute a "changed circumstance" warranting relief for plaintiffs, Horne v. Flores, 557 U.S. 433, 447 (2009), nor does it undermine this Court's prior conclusion affirmed by the D.C. Circuit that tribes seeking federal recognition must pursue the mandatory Part 83 administrative process. See 30 Mem. Op. at 8-10. Because plaintiffs have not demonstrated any basis for relief under Rule 60(b)(4) or 60(b)(5), their motion is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 7/14/2026. (lcrjl3)
Civil Rights: Other | Alaska
Civil Cover Sheet
Civil Cover Sheet (JDV, COURT STAFF)
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