El Bey v. Dogdig

Background

Jakim El Bey filed the action without a lawyer. The court had previously dismissed the action in an order and judgment entered on March 15, 2022. El Bey then filed four documents titled “Affidavit of Fact,” dated April 25, June 3, and June 30, 2022, challenging or apparently challenging that dismissal.

The court interpreted those documents as motions for relief from a final judgment or order under Rule 60(b) of the Federal Rules of Civil Procedure. Rule 60(b) provides several grounds for such relief, including mistake or excusable neglect, newly discovered evidence, fraud or misconduct by an opposing party, a void judgment, satisfaction or reversal of the judgment, and other reasons justifying relief.

Court’s analysis

The court reviewed El Bey’s arguments under a liberal interpretation because he was representing himself. It concluded that he had not shown that any of the grounds in Rule 60(b)(1) through (5) applied. The court therefore denied relief under those provisions.

The court also denied relief under Rule 60(b)(6), which applies only for reasons different from those listed in clauses (1) through (5). The court explained that relief under this provision requires both a timely motion and extraordinary circumstances. It found that El Bey had not shown extraordinary circumstances warranting relief.

Ruling and effect

Judge Laura Taylor Swain denied the motions. The action remains closed. The Clerk of Court may accept only documents directed to the United States Court of Appeals for the Second Circuit; if El Bey files other documents that are frivolous or meritless, the court may require him to explain why it should not bar further filings in the action. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.

The order addressed whether El Bey could obtain relief from the earlier dismissal; it did not reconsider the underlying claims on their merits.