UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

CODY ROBERT JUDY, 

 Plaintiff - Appellant, 

v. 

BARACK HUSSEIN OBAMA, a/k/a 

BARRY SOETORO; DEMOCRATIC 

NATIONAL COMMITTEE; 

ORGANIZATION FOR ACTION, 

 Defendants - Appellees. 

No. 17-4055 

(D.C. No. 1:14-CV-00093-TS) 

(D. Utah) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges. 

_________________________________ 

 Cody Robert Judy appeals the district court’s denial of his motion for relief from 

judgment and a later motion for reconsideration. Because Mr. Judy has failed to show 

that the district court abused its discretion, we affirm. 

Mr. Judy brought this action under 42 U.S.C. § 1983, the Sherman Antitrust Act, 

and the Clayton Act, asserting that former President Barack Obama is not a natural-born 

 

*

 After examining the briefs and appellate record, this panel has determined unanimously 

that oral argument would not materially assist in the determination of this appeal. See

Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted 

without oral argument. This order and judgment is not binding precedent, except under 

the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, 

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 

32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

August 15, 2017

Elisabeth A. Shumaker 

Clerk of Court
2 

citizen eligible to hold the office of President of the United States, and that he and other 

high-ranking public and party officials, including Representative Nancy Pelosi and 

Senator Harry Reid, acted “as a cartel . . . in the political arena contrary to the public 

good.” Aplt. App. at 6. Because Mr. Judy brought this action in forma pauperis under 

28 U.S.C. § 1915, the district court undertook its duty to screen the complaint, see 28 

U.S.C. § 1915(e)(2)(B)(i), and dismissed it as frivolous on October 7, 2014. We affirmed 

the district court’s decision. See Judy v. Obama, 601 F. App’x. 620, 623 (10th Cir. 

2015). 

Almost two years after our decision Mr. Judy filed in the district court a motion 

for relief from the district court’s judgment, citing “new evidence” alleging that President 

Obama’s birth certificate was forged. The district court denied the motion. Mr. Judy 

moved for reconsideration of the district court’s denial, arguing that the district court 

prematurely denied his motion before defendants filed a response. The district court 

denied the motion for reconsideration and Mr. Judy appealed the denial of his motions for 

relief and reconsideration. 

We determined that Mr. Judy’s appeal was frivolous and declined to consider the 

issues raised until Mr. Judy paid the required filing fees. On July 21, 2017, Mr. Judy paid 

the required filing fees to the district court. We therefore turn to the merits of Mr. Judy’s 

appeal. 

Mr. Judy’s motion for relief from judgment was filed on January 27, 2017. 

Because this was more than two years after the judgment, we treat it as a motion under 

Fed. R. Civ. P. 60(b). See Williams v. Akers, 837 F.3d 1075, 1077, 1077 n.1 (10th Cir. 
3 

2016). But a Rule 60(b) motion based on newly discovered evidence must be made “no 

more than a year after the entry of judgment.” Fed. R. Civ. P. 60(c)(1); see 11 Charles 

Allan Wright & Arthur R. Miller, Federal Practice & Procedure § 2866 (3d ed.) (“A 

motion under clauses (1), (2), or (3) must be denied as untimely if made more than one 

year after judgment regardless of whether the delay was reasonable.”). The district court 

did not abuse its discretion in denying the motion. See Butler v. Kempthorne, 532 F.3d 

1108, 1110 (10th Cir. 2008) (internal quotation marks omitted). (“We review the district 

court’s denial of a Rule 60(b) motion for an abuse of discretion.”). And because the 

denial of Mr. Judy’s motion for relief from judgment was indisputably correct, there is 

likewise no merit to the motion for reconsideration. 

We AFFIRM. 

Entered for the Court 

Harris L Hartz 

Circuit Judge