Chalupowski v. Berry

This is an appeal from the denial of a motion under Fed.R.Civ.P. 60(b)(6). The district court dismissed the pro se appellants’ civil rights suit with prejudice on motion of the defendant. It then summarily denied the appellants’ Rule 60(b) motion, which asserted that they had not received notice that the court was considering dismissal of their suit. We affirm.

On this record, we conclude that the dismissal of the suit without notice did not affect the appellants’ substantial rights, and so the denial of Rule 60(b) relief was proper. See Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d…