# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted June 15 , 2016 *

Decided June 15 , 2016

Before

DIANE P. WOOD

, Chief Judge

RICHARD A. POSNER

, Circuit Judge

JOEL M. FLAUM

, Circuit Judge

No. 16

- 1497

JAMES A. MUDD

, Plaintiff

- Appellant

,

v

.

ALLEN COUNTY WAR
MEMORIAL COLISEUM

, Defendant

- Appellee

. Appeal from the United States District
Court for the Northern District of Indiana, Fort Wayne Division

.

No. 1:10

- CV

- 52

William C. Lee

, Judge

.

O R D E R

James Mudd appeals from the denial of what he calls a “Motion for Clarification
and Correct Errors

. ” This submission relates to Mudd’s unsuccessful effort nearly five

years earlier to reopen a claim of employment discrimination that had ended in a settlement. We affirm the district court’s ruling.

* After examining the briefs and record, we have concluded that oral argument is unnecessary. Thus the appeal is submitted on th e brief s and record. See F ED

. R. A PP

. P. 34(a)(2)(C)

. NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1No. 16

- 1497 Page 2

Mudd worked at the War Memorial Coliseum in Fort Wayne, Indiana. In 2010 he sued the Coliseum’s board of trustees claiming employment discrimination , but the parties settled before the close of discovery

, and the district court granted a joint motion to dismiss with prejudice. Ten months later, in May 2011, Mudd moved under Federal Rule of Civil Procedure 60(b) to reopen the suit because, he asserted , the defendant had fraudulently withheld an e

- mail written by the assistant operations manager opining
that Mudd had been treated unfairly by his im mediate supervisor . This e

- mail, Mudd argued, should have been disclosed during discovery. The district court denied this motion, and we dismissed Mudd’s appeal from that decision for nonpayment of the appellate fees. Mudd’s current submission asks the dis trict court to “clarify” whether
the defendant had committed fraud by not disclosing the e

- mail and also argues that the court should have granted his earlier motion. The district court understood the filing to be another Rule 60(b) motion and denied it be cause, the court reasoned, Mudd
was rehash ing the same issue presented years earlier. The court also warned Mudd against any more frivolous filings.

Rather than heed that advice, Mudd filed this frivolous appeal. His “Motion for
Clarification and Correct E rrors” was years too late to be a legitimate motion under Rule 60(b). See F ED R. C IV

. P . 60(c); Mendez v. Republic Bank , 725 F.3d 651, 657 (7th Cir. 2013); Berwick Grain Co. v. Ill. Dep’t of Agric. , 189 F.3d 556, 559

– 60 (7th Cir. 1999). Instead, as the district court recognized, Mudd simply was trying to engineer an untimely appeal from the denial of his May 2011 motion, which is not a proper use of Rule 60(b).
See Banks v. Chi. Bd. of Educ. , 750 F.3d 663, 667

– 68 (7th Cir. 2014); Gleash v. Yuswak

, 308 F.3d 758, 761 (7th Cir. 2002); Bell v. Eastman Kodak Co.

, 214 F.3d 798, 801 (7th Cir.
200 0 )

.
We affirm the district court’s ruling and order Mudd to show cause within

14 days why he should not be sanction ed under Federal Rule of Appellate Procedure 38 for filing a frivolous appeal.