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FAFEL v. DIPAOLA

No. 04-1718.

399 F.3d 403 (2005)

Leonard FAFEL, Plaintiff, Appellant, v. James V. DIPAOLA, individually and in his capacity as Middlesex Sheriff, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 7, 2005.

Attorney(s) appearing for the Case

Robert S. Mantell, with whom Rodgers, Powers & Schwartz LLP was on brief, for appellant.

Thomas Drechsler, Special Assistant Attorney General, with whom Salvatore M. Giorlandino, Assistant Attorney General, and Finneran, Byrne & Drechsler, L.L.P., were on brief, for appellee.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Plaintiff-Appellant Leonard Fafel appeals from the denial of his Rule 60(b)(4) motion for relief from an injunction that prohibits him from pursuing claims in state court in contravention of a consent judgment entered in federal court pursuant to Rule 68. See Fed.R.Civ.P. 60 (Relief from Judgment or Order); Fed.R.Civ.P. 68 (Offer of Judgment). Fafel argues that the injunction is void for lack of subject-matter jurisdiction because the...

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