Anthony McGee v. Richard Adams

Summary

The United States District Court for the Eastern District of Missouri denied Anthony McGee’s motion to recall the mandate, construed as a motion for reconsideration under Federal Rules of Civil Procedure 59(e) or 60(b). The court held that the motion was untimely under Rule 59(e), presented no manifest error or exceptional circumstances, and improperly raised new arguments. The court also denied McGee’s motion to appoint counsel.

Holdings

1. The motion could not be granted under Rule 59(e) because it was filed more than twenty-eight days after entry of judgment and, in any event, identified no manifest error of law or fact or newly discovered evidence.
2. McGee was not entitled to relief under Rule 60(b) because he did not show mistake, fraud, exceptional circumstances, or another circumstance justifying relief from the final judgment.
3. The motion for appointment of counsel was denied.

Questions Presented

1. Whether McGee's motion to recall the mandate, construed as a motion for reconsideration, warranted relief under Federal Rule of Civil Procedure 59(e).
2. Whether McGee was entitled to relief from the judgment under Federal Rule of Civil Procedure 60(b).
3. Whether McGee was entitled to appointment of counsel.

Disposition

other