Garry Coleman v. De. Johanna Guerrero ( 2020 )


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  •             Case: 19-13467   Date Filed: 07/31/2020   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 19-13467
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 0:14-cv-61019-FAM
    GARRY COLEMAN,
    Plaintiff - Appellant,
    versus
    FLORIDA DEPARTMENT
    OF CHILDREN & FAMILIES, et al.,
    Defendants,
    DR. JOHANNA GUERRERO,
    RITA WATSON,
    DAVID WILKINS,
    Defendants - Appellees.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (July 31, 2020)
    Before WILLIAM PRYOR, Chief Judge, BRANCH and LUCK, Circuit Judges.
    PER CURIAM:
    Case: 19-13467     Date Filed: 07/31/2020    Page: 2 of 3
    Garry Coleman appeals pro se the denial of his motion to set aside a final
    judgment entered against his complaint that the defendants violated his civil rights.
    
    42 U.S.C. § 1983
    . He argues that the district court abused its discretion in denying
    his motion to set aside, Fed. R. Civ. P. 60(b)(1), its earlier summary judgment
    against him because it failed to consider his own cross-motion for summary
    judgment. We affirm.
    We review the denial of a Rule 60(b) motion for an abuse of discretion.
    Bender v. Mazda Motor Corp., 
    657 F.3d 1200
    , 1202 (11th Cir. 2011). The
    harmless error rule instructs courts to “disregard all errors and defects that do not
    affect any party’s substantial rights.” Fed. R. Civ. P. 61; see also Parrott v. Wilson,
    
    707 F.2d 1262
    , 1266 n.8 (11th Cir. 1983). Under Rule 60(b)(1), a court may
    relieve a party of a final order or judgment because of “mistake, inadvertence,
    surprise, or excusable neglect.” See Fed. R. Civ. P. 60(b)(1).
    The standard of review for a summary judgment—that is, de novo—remains
    the same regardless of the filing of a cross-motion. See Gerling Global
    Reinsurance Corp. of Am. v. Gallagher, 
    267 F.3d 1228
    , 1233 (11th Cir. 2001).
    Summary judgment is appropriate where there is no genuine issue as to any
    material fact and the moving party is entitled to judgment as a matter of law. 
    Id.
    The district court did not abuse its discretion in denying Coleman’s motion.
    We earlier sua sponte dismissed as frivolous Coleman’s appeal of the summary
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    Case: 19-13467   Date Filed: 07/31/2020   Page: 3 of 3
    judgment against him. As a matter of law, the summary judgment in favor of the
    defendants necessarily meant that Coleman was not entitled to summary judgment
    in his favor.
    AFFIRMED.
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