Flynn v. Horn

Summary

The United States Court of Appeals for the Second Circuit affirmed the Eastern District of New York’s denial of Jeremiah Young Flynn’s motion for reconsideration under Federal Rule of Civil Procedure 60(b). The court held that Flynn could not use the motion to relitigate the underlying judgment and had not shown exceptional circumstances, newly discovered evidence, or an abuse of discretion.

Holdings

1. When a Rule 60(b) motion is filed more than ten days after entry of judgment, an appeal from its denial brings up for review only the order denying the motion and does not permit the appellant to attack the underlying judgment for errors that could have been raised on direct appeal.
2. The district court did not abuse its discretion in denying Flynn's Rule 60(b) motion because Flynn identified neither newly discovered evidence nor an erroneous view of the facts or evidence, and merely attempted to relitigate his underlying claims.

Questions Presented

1. Whether the Second Circuit could review the underlying December 2005 judgment through Flynn's appeal from the denial of his Rule 60(b) motion.
2. Whether the district court abused its discretion by denying Flynn's Rule 60(b) motion for reconsideration.

Disposition

affirmed