Sklodowska-Grezak v. Stein et al
Filing 103
MEMORANDUM OPINION AND ORDER: The Court has received the plaintiff's motion to reopen the case, ECF No. 101. Rule 60 (b) ( 4) of the Federal Rules of Civil Procedure empowers the Court to order relief from a final judgment if "the judgment is void." A judgment is void only if "the Court lacked jurisdiction over the parties, the subject matter, or both," or if the Court "acted in a manner inconsistent with due process of law." Beller & Keller v. Tyler, 120 F.3 d 21, 23 (2d Cir. 1997) (quotation marks omitted). The plaintiff argues that her August 26, 2016 appeal of certain non-final orders deprived the Court of jurisdiction over the case. But the plaintiff's appeal was dismissed on January 11, 2017, prior to the entry of judgment. See Sklodowska-Grezak v. Stein, 16-3052, Dkt. No. 37 (Jan. 11, 2017); ECF No. 100 (entered February 21, 2017). The plaintiff has therefore failed to make a showing that the judgment is void, or that there are any other grounds for relief from the judgment. The motion to reopen is therefore denied. The Clerk is directed to close ECF No. 101. SO ORDERED. (Signed by Judge John G. Koeltl on 3/21/2017) (ap)
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