Tricia Marie Myers v. Itasca County HRA, Diane Larson, Carrie Schmitz, and Kenda Roddenberg

Summary

The United States District Court for the District of Minnesota denied Tricia Marie Myers’s motion to vacate summary judgment, construing it as an untimely and procedurally improper motion for reconsideration. The court granted Myers’s motion to extend the time to file a notice of appeal based on good cause and excusable neglect, deemed her notice timely, and granted her application to proceed in forma pauperis on appeal.

Holdings

1. A motion to vacate or alter a judgment brought under Federal Rule of Civil Procedure 59(e) must be filed within 28 days after entry of judgment; Myers's motion, filed more than 28 days after summary judgment, was untimely.
2. A motion that seeks essentially the same relief previously denied by the court will be construed as a motion to reconsider, and in the District of Minnesota such a motion requires prior court permission and compelling circumstances.
3. The district court may extend the time to file a notice of appeal when the motion is filed within 30 days after the original appeal deadline and the movant demonstrates good cause or excusable neglect; Myers satisfied those requirements.
4. A litigant may proceed in forma pauperis on appeal when unable to pay the filing fee and when the appeal is taken in good faith; Myers satisfied both requirements.

Questions Presented

1. Whether Myers's motion to vacate the summary judgment order was timely and properly brought under Federal Rule of Civil Procedure 59(e).
2. Whether the motion to vacate should be construed as an unauthorized motion for reconsideration under District of Minnesota Local Rule 7.1(j).
3. Whether Myers established good cause or excusable neglect warranting an extension of the time to file her notice of appeal under Federal Rule of Appellate Procedure 4(a)(5).
4. Whether Myers qualified to proceed in forma pauperis on appeal under 28 U.S.C. § 1915.

Disposition

other