Devon Frye v. Jason Wilson, et al.

Summary

The United States District Court for the Eastern District of Virginia denied a nonparty's motion to reopen judgment and request permission to file an amicus curiae brief. The court held that the motion was untimely and that the proposed amicus participation would not provide useful assistance in the already-dismissed civil rights action.

Holdings

1. The motion was untimely because it was filed almost a year after the deadline identified by the court and several months after the action had been dismissed with prejudice.
2. Leave to file the amicus brief was properly denied because the proposed submission could not assist the court in resolving the already-adjudicated action or motion to dismiss and Richardson did not demonstrate that he would provide helpful legal analysis.

Questions Presented

1. Whether a nonparty should be permitted to file an amicus curiae brief after the underlying action had been dismissed with prejudice.
2. Whether Richardson's motion was timely and whether the proposed amicus submission would be useful to the court.

Disposition

denied