John Andrew Kister v. Jefferson S. Dunn, et al.

Summary

The United States District Court for the Middle District of Alabama denied John Andrew Kister’s pro se motion to reopen a closed case under Federal Rule of Civil Procedure 60(b)(6). The court held that reliance on subsequent Eleventh Circuit decisions concerning special-report procedures did not establish extraordinary circumstances, particularly because Kister did not appeal the judgment and waited nearly two years to seek relief. The case remained closed.

Holdings

1. Plaintiff was not entitled to relief under Rule 60(b)(6) because he failed to demonstrate extraordinary circumstances warranting relief from the final judgment.

Questions Presented

1. Whether plaintiff was entitled to relief from the final judgment under Federal Rule of Civil Procedure 60(b)(6) based on later Eleventh Circuit opinions concerning special-report procedures.
2. Whether plaintiff's failure to appeal and delay in seeking postjudgment relief precluded a finding of extraordinary circumstances.

Disposition

dismissed