Jonathan Smith v. State of Missouri

Jonathan Smith appeals from the order of The District Court dismissing his civil action without prejudice. The District Court construed Smith’s motion to proceed in forma pauperis on appeal as also seeking relief under Rule 60(b) of the Federal Rules of Civil Procedure. The court then determined that it lacked jurisdiction to rule on the request for Rule 60(b) relief because Smith had simultaneously filed a notice of appeal (NOA). We agree that the motion should be construed as seeking Rule 60(b) relief, but we hold that the District Court was mistaken in believing that it lacked authority to…