Scales v. Web Design Gator

Background

The court had dismissed Williams Scales’s pro se action by an order and judgment dated January 2, 2024, and entered January 5, 2024. Claims Scales asserted for other entities that were not his sole proprietorship were dismissed without prejudice. Claims he asserted on his own behalf were dismissed because the court lacked subject-matter jurisdiction and because the case was filed in the wrong venue.

Scales appealed, but the United States Court of Appeals for the Second Circuit dismissed the appeal for lack of jurisdiction. Scales later filed two letters asking the district court to “reinstate” the closed action. The court treated the letters as one motion for relief from the judgment or order under Rule 60(b) of the Federal Rules of Civil Procedure.

Ruling

The court denied the motion. It held that Scales had not shown that any of the grounds in Rule 60(b)(1) through (5) applied. The court stated that disagreement with, or lack of understanding of, the reasons for the earlier dismissal did not qualify as a basis for relief under those provisions.

The court also denied relief under Rule 60(b)(6), which allows relief for another qualifying reason but requires a showing of extraordinary circumstances. The court held that Scales had not made that showing. The court additionally certified that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.