Justice v. Town of Cicero, Ill.

Dist. Ct. lacked jurisdiction to consider plaintiff’s untimely motion to reconsider Dist. Ct.’s dismissal of his case where said motion was filed one day after applicable 28-day deadline set forth in Rule 59(e). Moreover, Dist. Ct. erred in entering nunc pro tunc order that purportedly made motion to reconsider timely and then denied on merits said motion, where record indicated that plaintiff had not in fact filed motion to reconsider within 28-day period. However, plaintiff’s untimely Rule 59 motion to reconsider must be treated as timely Rule 60(b) motion to which plaintiff could seek appeal. Ct., though, noted that review of denial of any Rule 60(b) motion was limited and directed plaintiff to show cause why Dist. Ct.’s denial of plaintiff’s request to reopen instant litigation should not be affirmed summarily given deferential standard of review of Dist. Ct.’s order.