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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–5726
_________________
DEXTER EARL KEMP, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states
court of appeals for the eleventh circuit
[June 13, 2022]
Justice Thomas delivered the opinion of the
Court.
Federal Rule of Civil Procedure 60(b)(1) allows
a party to seek relief from a final judgment based on, among other
things, a “mistake.” The question presented is whether the term
“mistake” includes a judge’s error of law. We conclude, based on
the text, structure, and history of Rule 60(b), that a judge’s
errors of law are indeed “mistake[s]” under Rule 60(b)(1).
I
In 2011, a federal jury convicted Dexter Kemp
of various drug and gun crimes, and he was sentenced to 420 months
in prison. Kemp, along with seven codefendants, appealed. The
Eleventh Circuit consolidated their appeals and, in November 2013,
affirmed their convictions and sentences.
United States v.
Gray, 544 Fed. Appx. 870. Kemp did not seek rehearing of the
Eleventh Circuit’s judgment or petition this Court for certiorari.
Two of Kemp’s codefendants did seek rehearing, which the Eleventh
Circuit denied in May 2014.
In April 2015, Kemp moved the U. S.
District Court for the Southern District of Florida to vacate his
sentence under 28 U. S. C. §2255. The Government objected
that Kemp’s §2255 motion was untimely. As relevant here, such
motions must be filed within one year of “the date on which the
judgment of conviction becomes final.” §2255(f )(1). For
someone who, like Kemp, does not petition this Court for
certiorari, a judgment becomes final when the time to seek
certiorari expires—ordinarily, 90 days after judgment. See
Clay v.
United States,
537 U.S.
522, 525 (2003); this Court’s Rule 13.1. In this case, the
District Court concluded that Kemp’s judgment became final in
February 2014 (90 days after the Eleventh Circuit’s judgment
affirming his conviction and sentence), making his April 2015
motion over two months late. The District Court dismissed Kemp’s
motion in September 2016, and Kemp did not appeal.
In June 2018—almost two years later—Kemp
attempted to reopen his §2255 proceedings under Federal Rule of
Civil Procedure 60(b), which authorizes a court to reopen a final
judgment under certain enumerated circumstances. Rule 60(b)(1)
permits a district court to reopen a judgment for “mistake,
inadvertence, surprise, or excusable neglect,” so long as the
motion is filed “within a reasonable time,” and, at most, one year
after the entry of the order under review. See Fed. Rules Civ.
Proc. 60(b)(1), (c)(1). Meanwhile, Rule 60(b)(6) permits reopening
for “any other reason that justifies relief,” so long as the motion
is filed “within a reasonable time.” Rule 60(c)(1).
Kemp invoked Rule 60(b)(6), but his motion
arguably sought reopening based on a kind of “mistake” covered by
Rule 60(b)(1). Specifically, Kemp argued that reopening was
warranted because this Court’s Rule 13.3 prescribes that the 90-day
clock to seek certiorari does not begin to run until
all
parties’ petitions for rehearing are denied, and the Eleventh
Circuit denied his codefendants’ rehearing petitions in May 2014.
Thus, according to Kemp, the 1-year period to file his §2255 motion
began in August 2014, making his April 2015 motion timely.
The District Court rejected this timeliness
argument and, in the alternative, held that Kemp’s Rule 60(b)
motion was itself untimely. The Eleventh Circuit affirmed. 857 Fed.
Appx. 573 (2021) (
per curiam). While it agreed with
Kemp that his original §2255 motion “appear[ed] to have been
timely,” the Eleventh Circuit nonetheless concluded that he had
filed his Rule 60(b) motion too late.
Id., at 575–576. The
Eleventh Circuit held that Kemp’s reopening motion alleged
“precisely the sort of judicial mistak[e] in applying the relevant
law that Rule 60(b)(1) encompasses,” and thus was subject to Rule
60(b)(1)’s 1-year limitations period.
Id., at 576.
Kemp petitioned this Court for review, and we
granted certiorari to resolve the Courts of Appeals’ longstanding
disagreement whether “mistake” in Rule 60(b)(1) includes a judge’s
errors of law.[
1] 595
U. S. ___ (2022).
II
Federal Rule of Civil Procedure 60(b) permits
“a party to seek relief from a final judgment, and request
reopening of his case, under a limited set of circumstances.”
Gonzalez v.
Crosby,
545 U.S.
524, 528 (2005). Under Rule 60(b)(1), a party may seek
relief based on “mistake, inadvertence, surprise, or excusable
neglect.” Rules 60(b)(2) through (b)(5) supply other grounds for
reopening a judgment. Finally, Rule 60(b)(6) provides a catchall
for “any other reason that justifies relief.” This last option is
available only when Rules 60(b)(1) through (b)(5) are inapplicable.
See
Liljeberg v.
Health Services Acquisition Corp.,
486 U.S.
847, 863, n. 11 (1988). Even then, “ ‘extraordinary
circumstances’ ” must justify reopening.
Ibid.
Rule 60(c) imposes deadlines on Rule 60(b)
motions. All must be filed “within a reasonable time.” Rule
60(c)(1). But for some, including motions under Rule 60(b)(1), that
“reasonable time” may not exceed one year. Rule 60(c)(1). Motions
under Rule 60(b)(6) are not subject to this additional 1-year
constraint. Rule 60(c)(1)
.
Here, the parties dispute the extent to which a
judge’s legal errors qualify as “mistake[s]” under Rule 60(b)(1).
The Government contends that Rule 60(b)(1) applies any time a party
alleges that a judge has made an “obvious” legal error—
e.g.,
the “failure to apply unambiguous law to record facts.” Brief for
United States 11. Kemp’s motion, the Government says, alleged an
obvious legal error, so the Eleventh Circuit was correct to apply
Rule 60(b)(1). According to Kemp, however, Rule 60(b)(1) applies
only to factual errors made by someone other than the judge. Brief
for Petitioner 3. So, in Kemp’s view, his motion challenging the
District Court’s timeliness ruling was cognizable under
Rule 60(b)(6), and the 1-year limit did not apply.
We ultimately disagree with Kemp and agree with
the Government to a point. As a matter of text, structure, and
history, the Government is correct that a “mistake” under Rule
60(b)(1) includes a judge’s errors of law. But we see no reason to
limit Rule 60(b)(1) to “obvious” legal mistakes, as the Government
proposes. We first explain why Rule 60(b)(1) covers all
mistakes of law made by a judge, and then address why the
Government’s and Kemp’s contrary interpretations of “mistake” do
not persuade us.
A
The ordinary meaning of the term “mistake” in
Rule 60(b)(1) includes a judge’s legal errors. When the Rule
was adopted in 1938 and revised in 1946, the word “mistake” applied
to any “misconception,” “misunderstanding,” or “fault in opinion or
judgment.” Webster’s New International Dictionary 1383 (1914)
(Webster’s); see also Funk & Wagnalls New Standard Dictionary
of the English Language 1588 (1944) (Funk & Wagnalls) (defining
“mistake” as an “error in action, judgment, or perceptions,”
including,
e.g., “a
mistake in calculation”). In
ordinary usage, then, a “mistake” was not limited only to factual
“misconception[s]” or “misunderstanding[s],” or to mistakes by
non-judicial actors. Webster’s 1383
. Likewise, in its legal
usage, “mistake” included errors “of law or fact.” Black’s Law
Dictionary 1195 (3d ed. 1933) (Black’s). Thus, regardless whether
“mistake” in Rule 60(b)(1) carries its ordinary meaning or legal
meaning, it includes a judge’s mistakes of law.
Had the drafters of Rule 60(b)(1) intended a
narrower meaning, they “easily could have drafted language to that
effect.”
Mississippi ex rel. Hood v.
AU Optronics
Corp.,
571 U.S.
161, 169 (2014). The difference between “mistake of fact” and
“mistake of law” was well known at the time. Both lay and legal
dictionaries identified them as distinct categories. See Funk &
Wagnalls 1588; Black’s 1195. Thus, Rule 60(b)(1)’s drafters had at
their disposal readily available language that could have connoted
a narrower understanding of “mistake.” Yet they chose to include
“mistake” unqualified.
Similarly, Rule 60(b)(1)’s drafters could just
as easily have excluded mistakes by judges from the Rule’s ambit.
In fact, the Rule used to read that way. When adopted in 1938, Rule
60(b) initially referred to “his”—
i.e., a party’s—“mistake,”
so judicial errors were not covered. Fed. Rule Civ. Proc. 60(b)
(1938). In 1946, however, the Rule’s amenders deleted the word
“his,” thereby removing any limitation on whose mistakes could
qualify. See Fed. Rule Civ. Proc. 60(b)(1) (1946). Thus, as
currently written, “mistake” in Rule 60(b)(1) includes legal errors
made by judges.[
2]
B
Both the Government’s and Kemp’s
interpretations of Rule 60(b) depart from aspects of our reading.
Their reasons for doing so are unavailing.
1
The Government contends that the term
“mistake” encompasses only so-called “obvious” legal errors. Brief
for United States 11. Several Courts of Appeals agree that Rule
60(b)(1) may be used to correct only “ ‘obvious errors’ of
law, such as overlooking controlling statutes or case law.”
In re Ta Chi Navigation (Panama) Corp. S. A., 728
F.2d 699, 703 (CA5 1984). The Government argues that this
limitation “has historical roots” because courts of equity
traditionally “could grant relief from legal errors, but only ‘in
the most unquestionable and flagrant cases.’ ” Brief for
United States 18 (quoting
Snell v.
Insurance Co.,
98 U.S.
85, 91 (1878)).
We are unconvinced. None of the English language
or legal dictionaries noted above,
supra, at 4–5, suggests
this “obviousness” gloss. Nor does the Government tie the equity
practice it invokes to the text or history of Rule 60(b). Finally,
we question the administrability of a rule that requires courts to
decide not only whether there was a “mistake” but also whether that
mistake was sufficiently “obvious.” The text does not support—let
alone require—that judges engage in this sort of complex
line-drawing.
2
We are similarly unconvinced by Kemp’s
arguments for limiting Rule 60(b)(1) to non-judicial, non-legal
errors.
While Kemp does not dispute that “mistake”
ordinarily would cover both legal and factual errors, he argues
that the other grounds for relief in Rule 60(b)(1)—“inadvertence,”
“surprise,” and “excusable neglect”—involve exclusively non-legal,
non-judicial errors, and the word “mistake” should therefore be
similarly limited. But courts have long found that excusable
neglect may involve legal error. See,
e.g., Lenaghan
v.
Pepsico, Inc., 961 F.2d 1250, 1254–1255 (CA6 1992)
(
per curiam) (“understandable, albeit mistaken, reading
of ” a local rule);
A. F. Dormeyer Co. v.
M. J.
Sales & Distribution Co., 461 F.2d 40, 42–43 (CA7 1972)
(misunderstanding of summons and relevant legal rules);
Provident Security Life Ins. Co. v.
Gorsuch, 323 F.2d
839, 843 (CA9 1963) (erroneous understanding of Federal Rule of
Civil Procedure 12). And they have a similar history of granting
relief based on “
judicial inadvertence.”
Larson v.
Heritage Square Assocs., 952 F.2d 1533, 1536 (CA8 1992)
(emphasis added); see also,
e.g., O’Tell v.
New
York, N. H. & H. R. Co., 236 F.2d 472, 475
(CA2 1956) (judge’s failure to deduct setoff in entering judgment
was “inadvertence” under Rule 60(b)). Because the words surrounding
“mistake” in Rule 60(b)(1) do not connote exclusively non-legal or
non-judicial errors, they do not favor Kemp’s narrower reading.
Kemp also argues that Rule 60’s structure favors
interpreting the term “mistake” narrowly. Our interpretation, he
contends, would create confusing overlap between Rule 60(b)(1)
and Rule 60(a), which authorizes a court to “correct a clerical
mistake or a mistake arising from oversight or omission whenever
one is found in a judgment, order, or other part of the record.” We
disagree. Because Rule 60(a) covers a subset of
“mistake[s]”—
e.g., “clerical” ones—whereas Rule 60(b)(1)
covers “mistake[s]”
simpliciter, the overlap Kemp alleges
would exist even if “mistake” reached only factual errors. And the
Courts of Appeals have well-established rules for determining when
Rule 60(a), rather than Rule 60(b), should apply. See,
e.g.,
United States v.
Griffin, 782 F.2d 1393, 1397 (CA7
1986).
Kemp alleges that our interpretation of Rule
60(b)(1) would create a similar problem with respect to
Rules 60(b)(4) and (b)(5), which authorize relief from voided
judgments and judgments that lack legal effect. Specifically, Kemp
contends that a legal “mistake” could warrant relief under both
Rule 60(b)(1) and Rule 60(b)(4) or Rule (b)(5), and a conflict
could then arise given that the latter Rules are not subject to a
1-year time limit. But, again, that could occur even if only
factual errors count as “mistake[s],” since factual errors, too,
may justify relief under Rules 60(b)(4) and (b)(5). And,
regardless, should this overlap ever create an irreconcilable
conflict, courts may then resort to ordinary rules of statutory
construction when selecting which provision would govern in a
particular case. See,
e.g., RadLAX Gateway Hotel, LLC
v.
Amalgamated Bank,
566 U.S.
639, 645 (2012) (“ ‘the specific governs the
general’ ”).
Kemp also worries that our interpretation would
allow parties to evade other time limits set forth in the Federal
Rules. For instance, Rule 59(e) motions to alter or amend a
judgment must be filed within 28 days, and appeals must generally
be filed within 30 days, see Fed. Rule App. Proc. 4(a)(1)(a). Kemp
suggests that our interpretation would allow someone to repackage a
tardy Rule 59(e) motion as a timely Rule 60(b)(1) motion, or to
generate a right to an untimely appeal by filing a Rule 60(b)(1)
motion and appealing once it is denied. We are unpersuaded because,
yet again, the risk Kemp identifies would exist even under his own
interpretation. For example, Kemp provides no explanation why,
under his interpretation of Rule 60(b), parties could not repackage
tardy Rule 59(e) motions based on legal errors as motions under
Rule 60(b)(6), or recharacterize tardy motions based on factual
errors as motions under Rule 60(b)(1). A denial in either case
would then permit the litigant to appeal outside Appellate Rule 4’s
30-day time limit.
In any event, the alleged specter of litigation
gamesmanship and strategic delay is overstated. Rule 60(b)(1)
motions, like all Rule 60(b) motions, must be made “within a
reasonable time.” Fed. Rule Civ. Proc. 60(c)(1). And while we have
no cause to define the “reasonable time” standard here, we note
that Courts of Appeals have used it to forestall abusive litigation
by denying Rule 60(b)(1) motions alleging errors that should have
been raised sooner (
e.g., in a timely appeal). See,
e.g.,
Mendez v.
Republic Bank, 725 F.3d 651,
660 (CA7 2013).
Nor, contrary to Kemp’s protestations, is our
interpretation inconsistent with the history of Rule 60(b).
Kemp points out that Rule 60(b)(1) drew its text from existing
state procedural rules. See,
e.g., Cal. Civ. Proc. Code §473
(Deering 1937). And he argues that its list of grounds for
reopening—“ ‘mistake, inadvertence, surprise, and excusable
neglect’ ”—was understood when Rule 60(b) was adopted to be a
“term of art” that excluded legal errors. Brief for Petitioner 10.
But while some States interpreted their rules this way, see,
e.g., Lucas v.
North Carolina Mut. Life Ins.
Co., 184 S. C. 119, 120, 191 S.E. 711, 712 (1937)
(collecting cases), others, like California, did not, see,
e.g., Mitchell v.
California &
O. C. S. S. Co., 156 Cal. 576, 578, 105 P. 590,
592 (1909). Moreover, at least one leading treatise from the era
maintained, consistent with our view, that “mistake” encompassed
legal errors. See 3 J. Moore & J. Friedman, Moore’s Federal
Practice §60.05, p. 3280 (1938). Although statutory language
“obviously transplanted from another legal source” will often
“bring the old soil with it,”
Taggart v.
Lorenzen,
587 U. S. ___, ___ (2019) (slip op., at 5) (internal quotation
marks and alterations omitted), that principle applies only when a
term’s meaning was “well-settled” before the transplantation,
Neder v.
United States,
527 U.S.
1, 22 (1999). Here, it was not.
Finally, Kemp invokes Rule 60(b)’s 1946
amendments replacing “bills of review” and other traditional,
postjudgment reopening mechanisms with Rules 60(b)(2) through
(b)(6). See Fed. Rule Civ. Proc. 60(b) (1946). He argues that
Rule 60(b)(6) alone was intended to afford relief for judicial
legal errors that had previously been remedied by bills of review,
because such errors were not cognizable under Rule 60(b)’s
“mistake” provision or its predecessor state rules prior to the
1946 amendments. But, as noted, the pre-amendment Rule 60(b)
covered only a party’s mistakes, see
supra, at 5–6, and for
that reason could not be grounds to correct a judge’s legal
mistake. By eliminating that party-specific qualifier, the 1946
amendments opened Rule 60(b)(1) to judicial mistakes of law
previously remediable only by bills of review.
* * *
In sum, nothing in the text, structure, or
history of Rule 60(b) persuades us to narrowly interpret the
otherwise broad term “mistake” to exclude judicial errors of law.
Because Kemp’s Rule 60(b) motion alleged such a legal error, we
affirm the Eleventh Circuit’s judgment that the motion was
cognizable under Rule 60(b)(1), subject to a 1-year limitations
period, and, therefore, untimely.
It is so ordered.
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