Majied v. New York City Department of Education

Background

Aminah L. Majied, proceeding without a lawyer, moved on February 11, 2020, to vacate the court’s January 8, 2018 orders and January 10, 2018 judgment. The earlier orders granted the defendants’ motions to dismiss and dismissed Majied’s remaining claims. The defendants opposed the motion. Although the court invited Majied to file a reply, she did not do so.

Analysis

The court liberally construed Majied’s motion as one under Rule 60 of the Federal Rules of Civil Procedure, which governs requests to obtain relief from a judgment or order. The court held that the motion was untimely. Rule 60 requires such a motion to be made within a reasonable time and, for the reasons asserted by Majied, no more than one year after the judgment or order. Majied filed her motion more than two years later.

The court also held that, even if the motion had been timely, Majied had not shown a compelling reason to overturn the earlier orders or disturb the final judgment. The court found no indication that she had new facts that could not previously have been discovered. The facts she cited either predated the earlier decision or did not concern the issues addressed in the earlier orders. The court also found that she had not shown any legal error.

Ruling

Judge Jesse M. Furman denied Majied’s motion with prejudice. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied permission to pursue an appeal without paying the filing fees. The clerk was directed to mail a copy of the opinion and order to Majied.