Laxman S. SUNDAE, Appellant, v. W.D. SCHOCK COMPANY; William D. Schock; Ralph E. White; Robert B. Swenson; L. James Fortman; Dean C. Larson, doing business as International Idea Institute, Appellees, 33 F. App'x 245

PER CURIAM. Laxman S. Sundae appeals the district court’s order denying Sundae’s Federal Rule of Civil Procedure 60(

b) motion. All of Sundae’s arguments in support of setting aside the district court’s judgment could have been, but were not, raised in a timely appeal from the underlying judgment. Because Sundae’s motion raised only “previously ruled upon legal matter[s] that he could have raised on a timely appeal, the district court was not required to grant relief under Rule 60(

b) as a substitute for [Sundae’s] exercising his right to appeal the alleged errorfs].” See Sanders v. Clemco Indus., 862 F.2d 161, 170 (8th Cir.1988). We thus affirm the district court’s order. See 8th Cir. R. 47B.