Baker v. Lewis-Ashley

Background

Eric T. Baker filed the action without a lawyer and asked to proceed without paying court fees. On July 26, 2022, the court dismissed the complaint because Baker improperly sought to bring a lawsuit on behalf of his minor nephew, KO. Baker later filed a motion for a default judgment and a motion to reopen the case.

Court’s Analysis

The court interpreted Baker’s filings broadly as motions under three authorities:

- Federal Rule of Civil Procedure 59(e): a request to change or amend a judgment because the court overlooked controlling law or facts previously presented. - Local Civil Rule 6.3: a request for reconsideration based on the court’s alleged failure to consider controlling law or facts. - Federal Rule of Civil Procedure 60(b): a request for relief from a judgment for specified reasons, such as mistake, newly discovered evidence, misconduct, a void judgment, satisfaction of the judgment, or extraordinary circumstances.

For Rule 59(e), the court found that Baker’s filings did not address the reasons for the dismissal and provided no basis to reconsider it. The court therefore denied the Rule 59(e) motion.

For Local Civil Rule 6.3, the court found that Baker had not shown that it overlooked any controlling decisions or factual matters concerning the dismissed action. The court therefore denied the motion under that rule.

For Rule 60(b), the court found that Baker had not shown that any of the grounds in the first five provisions applied. The court also denied relief under Rule 60(b)(6), finding that Baker had not demonstrated extraordinary circumstances warranting relief.

Disposition

The court denied Baker’s motions for reconsideration. The action is closed. The Clerk of Court will accept only documents directed to the United States Court of Appeals for the Second Circuit. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Baker permission to appeal without paying filing fees.