Bell v. McAdory

Ct. of Appeals remanded plaintiff-detainee’s appeal of Dist. Ct.’s denial of his Rule 60(b) motion to reconsider Dist. Ct.’s dismissal of plaintiff’s section 1983 action alleging that defendant-treatment facility for sexually dangerous persons violated plaintiff’s due process rights by confining him in secure room for eight days without any clothes. Record showed that plaintiff missed by one day filing timely motion to reconsider under Rule 59(e) that would have tolled period for filing timely notice of appeal of said dismissal, and while plaintiff could only appeal merits of Dist. Ct.’s denial of instant motion to reconsider under present posture of case, Dist. Ct. could have treated plaintiff’s Rule 60(b) motion as motion under Rule 4(a)(5)(A)(i) for extension of time to file notice of appeal from dismissal order, where plaintiff’s pleading was filed within 30 days of expiration of time to file timely notice of appeal from dismissal order. As such, Ct. of Appeals remanded matter back to Dist. Ct. for determination as to whether it would allow plaintiff more time to file notice of appeal from dismissal order.