Summary
The United States District Court for the Western District of Washington denied Donte McClellon's motion to reopen his case. Construing the motion under Federal Rule of Civil Procedure 60(b)(6), the Court found no extraordinary circumstances warranting relief because McClellon received the order to show cause and the prior dismissal was without prejudice.
Topics
Practice areas
Questions Presented
- Whether McClellon was entitled to relief under Federal Rule of Civil Procedure 60(b)(6) based on alleged prison mail problems and a change of prisons.
- Whether the case should be reopened after having been dismissed without prejudice for failure to show cause.
Holdings
- Relief under Rule 60(b)(6) was not warranted because McClellon failed to show extraordinary circumstances justifying reopening the judgment.
Key quotations
“But the party seeking relief under Rule 60(b)(6) must show “extraordinary circumstances” that “justify the reopening of a final judgment.”” (at 1)
“Moreover, because the dismissal was without prejudice, McClellon may re-file his case.” (at 2)
Factual background
McClellon was in Bureau of Prisons custody and changed prisons, which he claimed caused persistent mail problems and prevented him from timely responding to the court's order to show cause. The record showed that the Clerk mailed the order to show cause to McClellon's new address and that McClellon received it. The underlying dismissal was without prejudice, allowing McClellon to refile.
Procedural history
The court dismissed McClellon's case without prejudice on August 15, 2025, for failure to respond to an order to show cause. McClellon later moved to reopen the case, asserting that persistent mail problems while he was in Bureau of Prisons custody prevented a timely response. The court denied the motion.