Background
Zachary McAlexander, proceeding pro se, appealed from a district court judgment dismissing his complaint and various post-judgment orders. The district court entered judgment on November twenty-first, two thousand and twenty-one, and issued subsequent orders through July eighteenth, two thousand and twenty-four. McAlexander filed timely motions under Federal Rule of Civil Procedure sixty regarding orders from November twenty-ninth, two thousand and twenty-three, and February twenty-seventh, two thousand and twenty-four. The district court denied those motions in orders entered on February twenty-seventh, two thousand and twenty-four, and May first, two thousand and twenty-four.
The court’s reasoning
The court determined that McAlexander had thirty days from the entry of the September fourteenth, May first, and July eighteenth orders to file his notice of appeal. He also had thirty days from the February twenty-seventh and May first orders denying his Rule sixty motions to appeal the underlying orders. All appeal deadlines expired by August nineteenth, two thousand and twenty-four. His notice of appeal, filed on March seventeenth, two thousand and twenty-six, was untimely and could not invoke the appellate court’s jurisdiction.
What it means going forward
The dismissal prevents any review of the district court’s judgment or post-judgment orders on the merits. All pending motions in the appellate court were denied as moot.