well here in the file case on the calendar knew what i look like i knew i was black the guy that made the drug alleged the drugs it was a white person in the photographs they was right there they seen that i was working in a would have yet big steel from the bring this fake evidence to the day jurisdictional deadline with within within which you had to appeal to suspend this is spend when you had to appeal the judgment is could you tell us something about the timeline in which you filed and because that's the first thing you know if we even if we wanted to have every much we might have wanted to reach the merits before we can do that we have to satisfy this jurisdictional judgment right ready and you were trying to deal with that we all are bound we have no choice as you or your notice of appeal has to be and we may be stuck all of us here you court with the fact that the time ran out and there was nothing that was stopping it from running that the federal rule of civil procedure fifteen a declares that the leaves are meant to be given freely when justice so requires if the underlying facts of service are circumstances relied on part of play may be proper subject or belief he want to be afforded the opportunity to test his claim one of merits and absence of any apparent or declared reason such as undue delay bad faith or dilatory mode of one part of the movement would repeat it for you took your defense disease by members previous allowed  get it case amended and all i could do was just as a pro see glad i had no attorney and i didn't know what i was doing with the law morning may please the court greg johnson on behalf of the washing county defendants which includes washington county three members of the sheriff's department and three individual members of the district attorney's office who are all sued along with a total  roster of fifteen defendants in this case i obviously have limited time saw want to follow up on the time when this issue and make one comment about the complaint as it relates to our muti arguments which are fully briefed i just want to point out i think is the record indicates for this court that it wasn't just the notice of appeal that was three hundred eighty nine days after judgment was entered as mr jenkins aptly knows was on august twenty seventh two thousand and fifteen so it wasn't just the notice of appeal was late as it relates to the filing of the judgment his receipt of the judgment but it was also in addition to this rule sixty motion being on timely to take advantage of any tolling there's actually thirty days thirty two days that passed between the time of the second dno  so even if that someone was under the misimpression and he had two attorneys at the time the misimpression that there was a tolling which clearly there was not even the notice of appeal as it relates to the decision disposing of the rule the motion to amend was untime well so there's an timeliness in the notice of appeal no matter how you look at it and it's significant as well as the rule sixty motion there are most of the complaint which is professionally drafted by mr jenkins first attorney is only when you say that and believe that he was represented by counsel when did the representation and if you know there was a list of the best i know from the record judge is that when the rule sixty motion was filed by the manhattan turn attorney that at that point i believe mr montgomery the first attorney made an application to withdraw i don't i don't have that specific date but those two things were happening simultaneously but during that thirty day period certainly just want to point out that if you look at this very prolific complaining crudes hundred forty five paragraph eighty paragraphs of facts and i want to just point out to the court to the extent this court decides to go and address that it in large part that complaint is a play book by the criminal defense attorney on how he successfully defended mr jenkins in a trial that he was successful in but if you if you're outside of the those activities that are alleged that are clearly covered by absolute immunity and as well as qualified immunity there are really only two allegations in that complaint that even suggest some kind of unconstitutional conduct and they're found in paragraph seven and thirty eight and i submit that as a matter of law simply saying that i am african american and that the second set of allegations is that this group of individuals at some time but before january two thousand and twelve made racial epithets in my presence completely unconnected to this investigation this arrest is as a matter of law patently  don't want to belabor the the on time limits of the notice of appeal i think that's been covered i didn't want to talk about though that the to the extent mr jenkins is appealing from the denial of this rule sixty motion i believe the court did not abuse its discretion in denying that the the grounds for the motion which was filed by counsel was that it would no longer be equitable to apply the judgment prospectively however the judgment is this this case is not the kind of judgment that one would apply prospectively so it really didn't fall within that provision of rule sixty b that would be rule sixty b five it also there was an inordinate delay in this matter with respect to the sorry with respect to the motion for leave to amend the the the a motion to dismiss was made in april and may the various motions of two thousand and fourteen in june of two thousand and  fourteen plaintiffs counsel had contacted the defense attorneys and indicated that he intended to file an amended complaint that was in june two thousand and fourteen he did not do so and then the case was the  dismissed in august of two thousand and fifteen and it wasn't until forty two days later that the motion to amend the complaint was made so there was in inordinate delay in any event so i so with respect to the rule sixty motion been granted he has not shown any type of mistake a fraud offered any new evidence finally in terms of the qualified immunity as to the village defendant officers the plaintiff has off the appellant has offered no reasons why office morning your honour's william firth on behalf of the city of glens falls app ellie's may please the court improvident strategic choices that's the essence of this appeal that's really what this is all about mr jenkins made a conscious informed decision to not file a motion seeking leave to file an amended complaint when faced with the respective motions to dismiss motions were granted judgment was enter was filed mr jenkins appeal is untimely in so far as it relates to the court's decision in order to dismiss the complaint in this case under for a  within a twenty eight day period when mr jenkins simply failed to do so  did not waive any objection latest and quite simply mr jenkins did not proffer any type of equitable exception that would extend that time period next year honors the rule sixty motion which is of course a disfavored application in this circuit as well as in every other circuit as far as i'm aware falls quite short really completely short of meeting the support the highly convincing supporting evidence standard  he failed or to kill any exceptional circumstances to warrant of a kid or of the judgment he instead relied on a single comment alone remark that the proposed in many complaint as details to his conspiracy claim that is not a change in the factual landscaped warrant relief under rule sixty b it does not constitute the highly convincing evidence that he would need in this case and it certainly doesn't represent exceptional circumstances to render in equitable the judgment that has been in place for over two years now in any event the district court did not abuse its discretion in denying the motion and perhaps it's for this very reason that mr jenkins failed to even argue as much on appeal thank your honour's and was there any questions thank you thank you