By: WISCONSIN LAW JOURNAL STAFF//April 25, 2014//
U.S. Court of Appeals for the Seventh Circuit
Civil
Civil Procedure — motions for reconsideration
A motion under Rule 60(b) that raises only issues that could be raised on appeal does not toll the time for filing an appeal.
“The fact that the district court may have mistakenly considered Banks’s arguments under Rule 59(e) does not compel or even permit us to review the merits of the underlying judgment, and we express no opinion on whether summary judgment was correctly awarded to the defendants. Instead, we review only the district court’s denial of Banks’s post-judgment motion for abuse of discretion and find that there was none.”
Affirmed.
13-2018 Banks v. Chicago Board of Education
Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Hamilton, J.