UNITED STATES CO URT OF APPEALS

FOR THE TENTH CIRCUIT

__________________ _______________
PATRICK C. LYNN,

Pl aintiff - Appellant,

v.
ANTHONY MCCURRIE, Lansing Correctional Facility, in his individual capacity ; FNU FORTIER, Lansing Correctional Facility, in his individual capacity; DEREK SWEIGART, Lansing Correctional Facility, in his individual capacity; JOHN SPEER, Lansing Correctional Facility, in his individual capacity; LUCAS SERRANO, Lansing Correctional Facility, in his individual capacity; DAVID SMITH, Lansing Correctional Facility, in his individual capacity; RYAN SHEPPARD, Lansing Correctional Facility, in his individual capacity; BRADLEY BOYD, Lansing Correctional Facility, in his individual capacity; REX PRYOR, Lansing Correctional Facility, in his individual capacity; ANDREW LUCHT, Lansing Correctional Facility, in his individual capacity; COLETTE WINKELBAUER, Lansing Correctional Facility, in her individual capacity; DAN EAST, Lansing Correctional Facility, in his individual capaci ty; CHRIS ROSS, Lansing Correctional Facility, in his individual capacity; TODD WALTERS, Lansing Correctional No. 19-3090 (D.C. No. 5:17-CV -03041-JWB-KGG) (D. Kan.) FILED United States Court of Appeals Tenth Circuit


### July 14, 2020

Christopher M. Wolpert Clerk of Court2 Facility, in his individual capacity; SHERRI PRICE, Lansing Correctional Facility, in her individual capacity; WADE SCHMIERER, Lansing Correctional Facility, in his individual capacity; CHRIS HUNT, Lansing Correctional Facility, in his individual capacity; FNU AYALA-PAGEN, Lansing Correctional Facility, in her individual capacity; SVEN HANSON, Lansing Correctional Facility, in his individual capacity; JEFFREY BAXTER, Lansing Correctional Facility, in his individual cap acity; RICHARD MEIKLE, Lansing Correctional Facility, in his individual capacity; JOHN BAILEY, Lansing Correctional Facility, in his individual capacity ; MIKE BILAR, Lansing Correctional Facility, in his individual capacity; FNU ONTIVEROS, Lansing Correctional Facility, in his individual capacity; FNU STOGSDILL, Lansing Correctional Facility, in his individual capaci ty; FNU ZWART, Lansing Correctional Facility, in his individual capacity; GREG RUSSELL, Lansing Correctional Facility, in his individual capacity; DANNY LASCON, Lansing Correctional Facility, in his individual capaci ty; FNU TINSLEY, Lansing Correctional Facility, in his individual capaci ty; FNU HART, Lansing Correctional Facility, in his individual capacity; JEFF GOLDRING, Lansing Correctional Facility, in his individual capacity; MELISSA WALDROCK, Lansing Correctional Facility, in her3 individual cap acity; LINDSEY WILDEMUTH, Lansing Correctional Facility, in her individual capacity; JAMES SKIDMORE, Lansing Correctional Facility, in his individual capaci ty; JAMES GIFT, Lansing Correctional Facility, in his individual capaci ty; FNU ERWIN, Lansing Correctional Facility, in his individual capaci ty; FNU MALONE, Lansing Correctional Facility, in his individual cap acity; FNU GAY, Lansing Correctional Facility, in his individual capacity; THEODORE THOMPSON, Lansing Correctional Facility, in his individual capacity; FNU KARLIN, Lansing Correctional Facility, in his individual capacity; FNU GOMEZ, Lansing Correctional Facility, in his individual capacity; DAVID BAKER, Lansing Correctional Facility, in his individual capacity; JAMES HEINTZELMAN, Lansing Correctional Facility, in his individual capacity; JONATHAN LUNSFORD, Lansing Correctional Facility, in his individual capacity; FNU CUNNINGHAM, Lansing Correctional Facility, in his individual capacity; FNU PEMBERTON, Lansing Correctional Facility, in his individual capacity; FNU KARPIERZ, Lansing Correctional Facility, in his individual capacity; CARL FORAKER, Lansing Correctional Facility, in his individual capacity; FNU WILLIAMS, Lansing Correctional Facility, in his individual capacity; JOHN DOES 1- 5, Lansing Correctio nal Facility, in their individual capacity; SAM4 CLINE, Lansing Correctional Facility, in his individual capacity; FNU LANGFORD, Hutchinson Correctional Facility, in his individual capacity; CLAY VANHOOSE, Hutchinson Correctional Facility, in his individual capaci ty; FNU GORGER, Hutchinson Correctio nal Facility, in his individual capacity; FNU LAKZADEH, Hutchinson Correctional Facility, in his individual capaci ty; FNU GLOVER, Hutchinson Correctio nal Facility, in his individual capacity; FNU PELTER, Hutchinson Correctional Facility, in his individual capacity; FNU STIGGENS, Hutchinson Correctional Facility, in his individual capaci ty; FNU WEST, Hutchinson Correctio nal Facility, in his individual capacity; FNU BICKSLER, Hutchinson Correctional Facility, in his individual capacity; FNU SHOULDERS, Hutchinson Correctional Facility, in his individual capacity; TREY ROBINSON, Hutchinson Correctional Facility, in his individual capacity; JOHN DOES 6- 12, Hutchinson Correctional Facility, in their individual capacity; FNU HAUBENSTEIN, El Dorado Correctional Facility, in his individual capaci ty; FNU SISSELL, El Dorado Correctio nal Facility, in his individual capacity; JOHN DOES, El Dorado Correctional Facility, in their individual capacity; JAMES HEIMGARTNER, El Dorado Correctio nal Facility, in his individual capacity; FNU5 HERMRECK, El Dorado Correctional Facility, in his individual capacity; TAMMY MARTEN, El Dora do Correctional Facility, in his individual capacity; RAY ROBERTS, Kansas Department of Corrections, in his individual capacity; JOHNNIE GODDARD, Kansas Department of Corrections, in his individual capacity; JOHN SMITH, Kansas Department of Corrections, in his individualcapacity; MARCI CAPPELCHMIDLING, Kansas Department of Corrections, in her individual capacity; DOUG BURRIS, Kansas Department of Corrections, in his individual capacity; PAUL CORBIER, Corizon Doctor, in his individual capacity; JERRY JORGENSON, Corizon, in his individual capacity; ALICIA CARDONA, Corizon Doctor, in her individual capaci ty; FNU SAYEED, Corizon Doctor, in his individual capacity; FNU HARROD, Corizon Doctor, in his individual capacity; JANE DOES 1-2, Corizon Nurse, in their individual capacity; FNU EINERSON, Corizon Nurse, in her individual capacity; FNU STROBEL, Corizon Nurse, in her individual capacity; DEB LUNDRY, Corizon HSA, in her individual capacity; JEFFREY RICE, Corizon Nurse, in his indi vidual capacity; DUANE ROGER DENTON, Corizon Nurse, in his indi vidual capacity; TIM MEADE, Corizon Nurse, in his individual cap acity; MISTY KEOLAVONE, Corizon Mental Health Supervisor, in her individual capacity; LAUREN LUCHT,6 Corizon HSA, in her individual capacity; JESSICA MADDOX, Corizon RN, in her individual capacity; EMILY PETERSON, Corizon RN, in her individual capacity; JESSICA VANDYKE, Corizon RN, in her individual capacity; SEAN GOODMAN, Corizon RN, in his individual capacity; FNU SHELBY, Corizon RN, in her indi vidual capacity; BRENDA JOHNSON, Corizon RN, in her individual capacity; FNU LATOYZ, Corizon LPN, in her individual capacity; KELSI DINNEY, Corizon LPN, in her individual cap acity; BRITTON DELEON, Corizon RN, in her individual capacity; COLLETTE CURTIS, Corizon, in her individual capacity; FNU CKEKE, Corizon Doctor, in his individual capacity; SUSAN DELAP, Corizon Nurse, in her individual capacity; LINZIE MENDOZA, Corizon RN, in her individual cap acity; VICKI BRUNGARDT, SOC's Disciplinary Appeals Designee, in her official and individual capacity; JOE NORWOOD, Current Secretary of Corrections (Post March 2016), in his official and i ndividual capacity; FNU ROBERTS, SST, Lansing Correctional Facility, in his individual and offi cial capacity; FNU ICKE, CSI, Lansing Correctional Facility, in his individual and offi cial capacity; FNU BAILEY, Captai n (white man), Lansing Correctional Facility, in his individual and offi cial capacity; RON BAKER, Deputy Warden, Lansing Correctional Facility, in his7 individual and offi cial capacity; BRETT PETERSON, Policy Compliance Officer, Lansing Correctional Facility, in his individual and offi cial capacity; FNU GOODMAN, Lieutenant/A&D Supervisor, Lansing Correctional Facility, in his individual and official capacity; NICK BALL, Unit Team, Lansing Correctional Facility, in his individual and official capacity; NATE BLANEY, Unit Team Supervisor, Lansing Correctional Facility, in his individual and offi cial capacity; FNU SCHARTZ, CMII, Lansing Correctional Facility, in his individual and offi cial capacity; NATALIE PARKER, Unit Team Manager, Lansing Correctional Facility, in her individual and official capacity; STUART BAILEY, Current Major, Lansing Correctional Facility, in his individual and offi cial capacity; FNU BALL, Unit Team Supervisor (now EAI Department), Lansing Correctional Facility, in his individual and offi cial capacity; RON IRWIN, Former EAI Supervisor, Lansing Correctional Facility, in his individual and official capacity; FNU SHIPMAN, Deputy Warden, Lansing Correctional Facility, in his individual and offi cial capacity; FNU NUSSBAUM, CO1, Lansing Correctional Facility, in his individual and offi cial capacity; CAROLE GOODMAN, Lieutenant, Lansing Correctional Facility, in her individual and offi cial capacity; FNU BAXTER, Lieu tenant, Lansing8 Correctional Facility, in his individual and offi cial capacity; FNU BECK, CSI, Lansing Correctional Facility, in his individual and offi cial capacity; FNU HOOVER, SST, Lansing Correctional Facility, in his individual and offi cial capacity; MIKE BILAR, SST, Lansing Correctional Facility, in his individual and offi cial capacity; JOHN DOE 1-10, Lansing Correctional Fac ility, in their individual and offi cial capacity; JOHN DOES 1-20, Wrote retaliatory & perjurous D/Rs and who masqueraded as D/R hearing "staff assistants" or accuser witnesses, Lansing, Correctio nal Facility, in their individual and official capacity; D. SISCO, PREA "Investigator Phony", Lansing Correctional Facility, in his individual and offi cial capacity; FNU HERSHBURGER, Current EAI Supervisor, Lansing Correctional Facility, in his individual and official capacity; FNU BANFOOT, Lieutenant, Lansing Correctional Facility, in his individual and official capacity; FNU BROWN, Captain, Lansing Correctional Facility, in his individual and official capacity; FNU BAER, CSI, Lansing Correctional Facility, in his individual and offi cial capacity; FNU HAMLIN, CSI, Lansing Correctional Facility, in his individual and offi cial capacity; FNU FERGUSON, CS1, Lansing Correctional Facility, in his individual and offi cial capacity; JACK DOE, Librarian, Lansing9 Correctional Facility, in his individual and offi cial capacity; JOHN DOE 1-15, SST, El Dorado Correctional Fac ility, in their individual and offi cial capacity; FNU SCOTT, SST/CO2, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU DOWLING, SST/CO1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU WEIMERS, Former SST/MSGT, El Dora do Correctional Facility, in his individual and official capacity; FNU EVANS, SST, El Dorado Correctional Facility, in his individual and official capacity; FNU GOAD, SST, El Dorado Correctio nal Facility, in his individual and official capacity; FNU O'BRIEN, SST/MSGT, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU O'BRIEN, EAI/SA, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU MISHLER, Mailroom, El Dorado Correctional Facility, in her individual and offi cial capacity; FNU SAPIEN, Captain, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU WALMSLEY, CMII, El Dorado Correctional Facility, in his individual and offi cial capacity; DEANE DONLEY, CMII, El Dorado Correctional Facility, in her individual and offi cial capacity; FNU GRIMMETT, CSI, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU MANSFIELD, Captain, El Dorado Correctional Facility, in his10 individual and offi cial capacity; FNU SMITH, Major, El Dorado Correctional Facility, in his individual and offi cial capacity; TAMMY MARTIN, Unit Team Manager, El Dorado Correctional Facility, in her individual and official capacity; RANDY JOHNSON, CSI, El Dorado Correctional Facility, in his individual and offi cial capacity; ANDREW JOHNSON, CS1, El Dorado Correctional Facility, in his individual and offi cial capacity; MARIA BOS, CMII, El Dorado Correctional Facility, in her individual and offi cial capacity; KENNY MCGUIRE, Lieutenant, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU FUOSS, Unit Team Supervisor, El Dorado Correctio nal Facility, in his individual and official capacity; FNU PETERSON, Unit Team Supervisor, El Do rado Correctional Facility, in his individual and official capacity; FNU QUIDACHAY, Captain, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU WHITESIDE, Former CS1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU KNIGHT, CO1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU LEON, CS1, El Dorado Correctional Facility, in his individual and offi cial capacity; JOHN DOES 1-7, Involved in perjurous & retaliatory D/Rs, denials of medical attention heart attack symptoms emergenices, El11 Dorado Correctiona l Facility, in their individual and official capacity; MARY N ELSON, Deputy Warden, El Dorado Correctional Facility, in his individual and official capacity; FNU RAFFERTY, Unit Team Manager, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU PETTY, CS1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU LYTTON, CS1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU SHEARBURN, Unit Team Supervisor, El Do rado Correctional Facility, in his individual and official capacity; ANDREW PALM, CS1, El Dorado Correctional Facility, in his individual and official capacity; FNU LINK, CO2, El Dorado Correctio nal Facility, in her individual and official capacity; FNU BUCHANAN, Lieutenant, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU HAMILTON, CO2, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU LANDERS, CO1, El Dorado Correctional Facility, in his individual and offi cial capacity; FNU RIVARD, CO1, El Dorado Correctional Facility, in his individual and offi cial capacity; JONI COLE, Attorney, El Dorado Correctional Facility, in her individual and offi cial capacity; DAN SCHNURR, Warden, Hutchinson Correctio nal Facility, in his individual and official capacity; FNU VIEYRA, CMIII, Hutchinson12 Correctional Facility, in his individual and offi cial capacity; TOMMY WILLIAMS, CMIII, Hutchinson Correctio nal Facility, in his individual and official capacity; T. HACKNEY, Unit Team Manager, Hutchinson Correctio nal Facility, in his individual and official capacity; FNU BENTLEY, Unit Team, Hutchinson Correctio nal Facility, in his individual and official capacity; FNU GILES, CS1, Hutchinson Correctional Facility, in his individual and offi cial capacity; FNU KOOB, CO1, Hutchinson Correctional Facility, in his individual and offi cial capacity; FNU PRICE, Captain, Hutchinson Correctional Facility, in his individual and offi cial capacity; FNU POTTER, Former Captain, Hutchinson Correctio nal Facility, in his individual and official capacity; FNU BROWN, Lieutenant, Hutchinson Correctio nal Facility, in his individual and official capacity; FNU SEVEN, CS1, Hutchinson Correctional Facility, in his individual and offi cial capacity; JORDAN BELL, Unit Team Manager, Hutchinson Correctional Facility, in his individual and official capacity ; JOHN DOE 1-11, SST, Hutchinson Correctional Facility, in their individual and official capacity; FNU SCOTT, RN, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; JESSICA HOOD, LPN, Corizon Health, Lansing Correctional Facility, in her individual and official capacity; FNU GEE, RN,13 Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; ALICIA MCCOLLOUGH, HSA, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; FNU JOHNSON, RN, Corizon Health, Lansing Correctional Facility, in her individual and official capacity; ALICIA DOUGLAS-CHAHINE, Mental Health Counselor, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; FNU OKEKE, Oncall Psychiatrist, Corizon Health, Lansing Correctional Facility, in his individual and offi cial capacity; FNU NAWALNICK, Mental Health Doctor, Corizon Health, Lansing Correctional Facility, in his individual and offi cial capacity; FNU MONFRED, Female Contract Doctor, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; JANINE WHITE, APRN, Corizon Health, Lansing Correctional Facility, in her individual and official capacity; JANE DOE, 1, Mental Health Counselor, Corizon Health, Lansing Correctional Facility, in her individual and official capacity; ASHLEY BARNES, Mental Health Counselor, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; JOHN DOE, 1, Former Male Mental Health Counselor, Corizon Health, Lansing Correctional Facility, in his individual and offi cial capacity;14 LAURA GARDNER, RN, Corizon Health, Lansing Correctional Facility, in her individual and official capacity; JANE DOE, 2, Med Tech, Corizon Health, Lansing Correctional Facility, in her individual and offi cial capacity; FNU MORRIS, RN, Corizon Health, El Dorado Correctio nal Facility, in her individual and official capacity; JANE DOES 1-7, Female LPNs and RNs, Corizon Health, El Dorado Correctional Fac ility, in their individual and offi cial capacity; FNU WOLFE, RN, Corizon Health, El Dorado Correctio nal Facility, in her individual and official capacity; FNU SOLARIO, Mental Health Counselor, Corizon Health, El Dorado Correctional Facility, in her individual and offi cial capacity; KEVIN EDWARDS, Mental Health Department Supervisor, Corizon Health, El Dora do Correctional Facility, in his individual and official capacity; FNU GADBERRY, Mental Health Counselor, Corizon Health, El Dora do Correctional Facility, in his individual and official capacity; FNU KING, Mental Health Counselor, Corizon Health, El Dora do Correctional Facility, in her individual and official capacity; FNU WILLIAMSON, Dentist, Corizon Health, Hutchinson Correctional Facility, in his individual and official capacity ; JANE DOE 3, Dental Hygienist, Corizon Health, Hutchinson Correctio nal Facility, in her individual and official capacity; JANE DOE 1-5, RN, Corizon Health, Hutchinson Correctional15 Facility, in their individual and official capacity; CORIZON HEALTH; JEFF COYLER, Kansas Governor, in his official capacity; DEREK SCHMIDT, Kansas Attorney General, in his official capacity; RUSS JENNINGS, Kansas Representative, Corrections Oversight Committee, in his official capacity; BLAINE FINCH, Kansas Representative, Judiciary Committee Chairman, in his official capacity; JOHN DOE 2, Leavenworth County Sheriff, in his o fficial capacity; TODD THOMPSON, Leavenworth County District Attorney, in his official capacity; LIZ (LNU), APRN, Corizon Health, Hutchinson Correctional Facility, in her individual and offi cial capacity; JOHN DOE 3, Butler County Sheriff, in his o fficial capacity; MIKE DIVINNEY, Butler County District Attorney, in his official capacity; FNU HENDERSON, Reno County Sheriff, in his official capacity; FNU SCHROEDER, Reno County District Attorney, in his official capacity; J. DOE, KCOA Chief Judge, in his official capacity; LAWTON NUSS, Kansas Supreme Court Chief Justice, in his official capacity; STANTON HAZLETT; KANSAS JUDICIAL QUALIFICATIONS COMMISSION, Members, in their official capacity; KEVIN MORIARTY, Johnson County District Co urt Chief Judge, in his official capacity; FNU RYAN, Johnson County District Court Judge, in his offi cial capacity; FNU (LNU), 1, Kansas Judicial Administrator, in their official16 capacity; STATE OF KANSAS; KANSAS DEPARTMENT OF CORRECTIONS; STACY SCHLIMMER, BIDS Attorney, Overland Park, Kansas; KRISTEN PATTY, BIDS Attorney, Wichita, Kansas; PATRICIA SCALIA, BIDS Director, State of Kansas; JOYCE MORRISON, Kansas Appeal Court's "Retention/Yes Vote" Campaign Spokesperson fo r November 2016 General Election; STEPHEN MCCALLISTER, Kansas US Attorney, in his of ficial capacity; TOM BEALL, Former Kansas US Attorney, in his of ficial capacity; ERIC JACKSON, Kansas FBI/SAIC, in his official capacity; JEFF SESSIONS, United States Attorney General; DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION,

De fendants - Appellees.

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ORDER AND JUDGMENT *

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Before BACHARACH

, BALDOCK , and EID , Circuit Judges.

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* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determin ation of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is thus ordered submitted without oral argument.

This order and judgmen t is not binding prece dent except under the doctrines of law of the case, re s judicata, and collateral estoppel. It may be cited, however, for its pers uasive value under Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.17 After Mr. Patrick Lynn filed a first amended complaint, the

district court found the pleading defec tive and ordered him to amend.

He didn’t, and the court dismissed th e action for lack of prosecution.

Mr. Lynn appealed, and we dismi ssed the appeal for lack of

prosecution.

Mr. Lynn then moved under Federa l Rule of Civil Procedure

60(b) to reopen the action, and the district court denied the motion.

Mr. Lynn appeals the denial of his Ru le 60(b) motion, and we affirm.

1. Mr. Lynn violates an order to file a second amended complaint.

Mr. Lynn is a state prisoner. Th ree years ago, he sued more

than 100 parties for damage s. Mr. Lynn requested leave to file a first

amended complaint. The court grante d leave but instru cted Mr. Lynn

to comply with variou s procedural rules, in cluding those governing

joinder of parties and claims:

[U]nder Rule 18(a), a plaintiff may bring multiple claims against a single de fendant. Under Rule 20(a)(2), he may join in one action any other defendants who were involved in the same transaction or o ccurrence and as to whom there is a common issue of law or f act. He may not bring multiple claims against multiple defe ndants unless the prescribed nexus in Rule 20(a)(2) is demo nstrated with respect to all defendants named in the action.

R., Vol. 1 at 225. After three extens ions of time, Mr . Lynn filed the

first amended complain t, which included 48 counts against hundreds

of parties.18 The district court instructed Mr. Lynn that the first amended

complaint had violated (1) Rule 8’ s requirement for a short and plain

statement of the claim and (2) the joinder requirement s of Rules 18

and 20. Given these violations, the court ordered Mr. Lynn to file a

second amended complaint by July 20, 2018. The court cautioned that

“[f]ailure to comply with this order [would] likely resu lt in dismissal

of this case without furthe r notice.” R., Vo l. 3 at 44.

Mr. Lynn obtained ex tensions of almost four months. On the

eve of the last deadline, Mr. Lynn filed a motion to stay his federal

action pending the resolution of a state-court action that he had

characterized as “an ex act duplicate of the mone y damages claims at

bar in this case.” Id. at 68. He asserted that filing a second amended

complaint would be easier when he prevailed in his state-court

action.

The district court denied Mr. Lynn’s motion, stating:

The court is not convinced that a stay is warranted. Plaintiff initiated th is action and has a duty to diligently prosecute his case. This case has been pending for over twenty months, and Plain tiff has received multiple extensions of time in this case. The Court’s most recent order granting Plaintiff an extension of time noted that Plaintiff requested a “final 30 -day extension of time,” and granted Plaintiff an extension of time to November 19, 2018, to file his second amen ded complaint. Due to the delay in this case, the court de nies Plaintiff’s request for a stay, but will grant Pl aintiff a brief exte nsion of time to file his second amended comp laint. Failure to file a proposed second amended compla int by this deadline will19 subject this matter to dismi ssal for failure to prosecute under Fed. R. Ci v. P. 41(b).

Id. at 103-04 (citati on omitted).

Mr. Lynn did not file a second amended compla int. So the

district court dismissed the action without prejudice for failure to

prosecute. See Fed. R. Civ. P. 41(b). Mr. Lynn appealed, and we

dismissed that appeal for lack of prosecution.

2. The district court denies Mr . Lynn’s Rule 60(b) motion.

Mr. Lynn then filed a Ru le 60(b) motion to reopen his action in

district court. He cited Rules 60(b)(5) and 60(b)(6), which permit

relief from judgment when “(5) th e judgment has be en satisfied,

released, or discharged ; it is based on an ear lier judgment that has

been reversed or vacated, or appl ying it prospectivel y is no longer

equitable; or (6) any other reason th at justifies relief. ” Fed. R. Civ.

P. 60(b)(5), (6). Mr. Lynn attributed his de lay to multiple heart

attacks, cancellation of surgeries, and inability to ob tain legal files

from his attorney.

The district court denied the Rule 60(b) moti on. The court

noted the multiple extensions and explained that

 Mr. Lynn had failed to take advantage of the extra time despite the warnings that noncompliance would result in dismissal,

 Mr. Lynn’s Rule 60(b ) motion had simp ly rehashed his earlier arguments, and20  the court had previously advised Mr. Lynn that he did not need access to all of his lega l files to exci se unrelated claims and defendants from his first amended complaint.

See Allender v. Raytheon Aircraft Co. , 439 F.3d 1236, 1242

(10th Cir. 2006) (“Rule 60(b) relief is not avai lable to allow a party

merely to reargue issues previous ly addressed to the court.”).

3. The district court also decl ines to appoint counsel.

Before filing his Rule 60(b) motion, Mr. Lynn also moved

twice for appo intment of counsel. Both times, the district court

denied the motion without prejudice to refiling.

After the court denied the Rule 60(b) motion, Mr. Lynn also

moved for appointment of counsel in order to appeal. The court

denied this motion, too.

4. The district court acted within its discretion in denying the Rule 60(b) motion.

On appeal, Mr. Lynn challenges the denial of his Rule 60(b)

motion. For this cha llenge, we apply the abuse-of-discretion

standard. Servants of the Paraclete v. Does , 204 F.3d 1005, 1009

(10th Cir. 2000). With its discretion, the distri ct court should grant

relief under Rule 60(b) on ly in “extr aordinary and . . . exceptional

circumstances.” Id. (internal quotational marks omitted). We will

reverse the denial of a Rule 60(b) motion “only if we find a complete

absence of a reasonable basis and ar e certain that the decision is21 wrong.” Yapp v. Excel Corp. , 186 F.3d 1222, 1232 (10th Cir. 1999)

(ellipsis and internal quotation marks omitted).

On appeal, we address the deni al of Mr. Lynn’ s Rule 60(b)

motion rather than the underlyi ng judgment. See Servants of the

Paraclete , 204 F.3d at 1009. But in his appeal brief, Mr. Lynn argues

only that the district court erred by dismissing the first amended

complaint. This argumen t fails to address th e relief that Mr. Lynn

requested in his Rule 60( b) motion or the district court’s reasons for

denying that motion.

Though we liberally construe Mr. Lynn’s pro se appeal brief,

we will not construc t arguments for him. See Drake v. City of Fort

Collins , 927 F.2d 1156, 1159 (10th Cir. 1991) (“Despite the liberal

construction afforded pro se pleadi ngs, the court will not construct

arguments or theories for the pl aintiff in the absence of any

discussion of those issues.”). He has not challenged the

reasonableness of the district court’s reasons for denying the

Rule 60(b) motion. He thus fails to show that the district court

abused its discretion in de nying relief under Rule 60(b).

5. We lack jurisdiction over the denial s of Mr. Lynn’s requests for counsel.

Mr. Lynn also argues that the district court should have

appointed counsel for him. But Mr. Lynn ha s appealed only the22 denial of his Rule 60(b) motion. See Dkt. 106 (notice of appeal). In

that motion, Mr. Lynn didn’t seek appointm ent of counsel.

Two of the requests had preceded the initial order dismissing

the case, and we dismissed that ap peal for lack of prosecution. See

Part 1, above. We thus lack appell ate jurisdiction ov er the denial of

these requests for counsel.

Mr. Lynn also argues that the dist rict court erred in denying his

motion for appointm ent of appellate counsel. But Mr. Lynn made this

request after he filed the notice of appeal, and our jurisdiction is

limited to the ru lings addressed in the notice. See Sports Unlimited,

Inc. v. Lankford Enters., Inc. , 275 F.3d 996, 1003 (10th Cir. 2002).

So we lack appellate jurisdiction ove r this request fo r appointment of

counsel.

6. We also deny appointment of counsel in the appeal.

In seeking leave to proceed in forma pauperis, Mr. Lynn

includes a sentence requ esting us to appoint counsel in the appeal

based on his inability to obtain his case f ile or needed legal

materials. The issues in the appeal are narrow, however, and

Mr. Lynn has not explained what parts of the case file are needed to

properly address the ap peal. His appeal involv es only the failure to

comply with the district court’s order. We thus decline to appoint

counsel for Mr. Lynn.23 Affirmed.

Entered for the Court

Robert E. Bacharach Circuit Judge