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BAILEY v. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OCWEN LOAN SERVICING LLC GSAA 2006 18 2006 18 (2021)

United States Court of Appeals, Eleventh Circuit.2021-07-27No. No. 19-14494

Summary

Holding. The court affirmed the district court's denial of the Baileys' motions to reconsider. Because the motions were procedurally defective, the appellants abandoned their arguments by failing to properly develop them on appeal, and they failed to raise their corruption claims in the trial court, the appellate court found no basis to disturb the lower court's judgment.

The Baileys appealed the dismissal of their complaints against Deutsche Bank and Ocwen Loan Servicing by challenging the district court's denial of their motions to reconsider. The district court found their motions untimely under Federal Rule of Civil Procedure 59(e) and determined they failed to identify newly discovered evidence, manifest errors, or sufficiently compelling grounds for relief under Rule 60(b). On appeal, the Baileys did not adequately dispute the defects in their motions or cite supporting legal authority and case record materials. Additionally, they raised claims of judicial corruption and bias for the first time on appeal rather than in the district court proceedings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Timeliness and adequacy of motions to reconsider under Rule 59(e)
  • Requirements for relief under Rule 60(b) based on newly discovered evidence or manifest error
  • Waiver of arguments through inadequate briefing by pro se litigants
  • Preservation of issues for appellate review

Procedural posture

Appellants pro se appealed the district court's denial of their motions to reconsider the dismissal of their underlying complaints against the defendants.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

In this consolidated appeal, Shirley, Marshall, and Matthew Bailey appeal pro se the denial of their motions to reconsider the dismissal of their complaints against Deutsche Bank and Ocwen Loan Servicing, LLC. The district court ruled that the Baileys’ motions were untimely, Fed. R. Civ. P. 59(e), identified no newly discovered evidence or manifest errors of law or fact, see Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007), and failed to “demonstrate a justification for relief so compelling that the district court was required to grant [the] motion” as required to obtain relief under Federal Rule of Civil Procedure 60(b), Rice v. Ford Motor Co., 88 F.3d 914, 919 (11th Cir. 1996). “[W]e read briefs filed by pro se litigants liberally,” but because the Baileys do not dispute that their motions were defective and their brief lacks citations to the record or authority, Fed. R. App. P. 28(a)(8)(A), we deem abandoned any argument they could have made challenging the denial of their motions. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). The Baileys argue, for the first time, about corruption and bias by a magistrate judge and the district court, but “[t]his Court has repeatedly held that an issue not raised in the district court and raised for the first time in an appeal will not be considered by this court.” Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1331 (11th Cir. 2004) (internal quotation marks omitted). We affirm the denial of the Baileys’ motions to reconsider.

AFFIRMED.

PER CURIAM: