Kaleb Lee Basey v. Kyle Frederick Reardon, in his official capacity, et al.

Summary

The United States District Court for the District of Alaska denied Kaleb Lee Basey’s motion under Federal Rule of Civil Procedure 60(b) to vacate the judgment dismissing his action as frivolous. The court held that any concerns regarding former Judge Kindred’s alleged partiality were addressed by the Ninth Circuit’s intervening de novo review, which affirmed the dismissal.

Holdings

1. Relief from judgment was not warranted because Basey identified no ruling affected by the alleged misconduct that escaped meaningful appellate scrutiny and did not contend that the appellate process was compromised.

Questions Presented

1. Whether alleged judicial misconduct and an appearance of partiality constituted extraordinary circumstances warranting relief from the final judgment under Federal Rule of Civil Procedure 60(b).
2. Whether the Ninth Circuit’s intervening de novo review resolved any potential partiality concerns arising from the district court proceedings.

Disposition

other