UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

ERIC LEVANTER DEMILLARD, 

 Plaintiff - Appellant, 

v. 

COLORADO STATE PATROL; 

COLORADO STATE CAPITOL 

BUILDING SERGEANT-AT-ARMSSECURITY FORCE, 

 Defendants - Appellees. 

No. 24-1154 

(D.C. No. 1:23-CV-00542-LTB) 

(D. Colo.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before PHILLIPS, BRISCOE, and CARSON, Circuit Judges. 

_________________________________ 

Plaintiff Eric DeMillard, appearing pro se, appeals from the district court’s 

denial of his post-judgment motion for relief. Exercising jurisdiction pursuant to 

28 U.S.C. § 1291, we affirm the district court’s decision. 

* After examining the briefs and appellate record, this panel has determined 

unanimously that oral argument would not materially assist in the determination of 

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore 

ordered submitted without oral argument. This order and judgment is not binding 

precedent, except under the doctrines of law of the case, res judicata, and collateral 

estoppel. It may be cited, however, for its persuasive value consistent with 

Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

August 21, 2024

Christopher M. Wolpert 

Clerk of Court

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I 

 Mr. DeMillard initiated these proceedings by filing a pro se complaint against 

the Colorado State Patrol and the security force for the Colorado State Capitol 

Building. The complaint alleged that on February 23, 2023, Mr. DeMillard was 

“threatened and intimidated and harassed” by the defendants when he “slowly 

ambulated . . . to the Colorado State Capitol Building.” R. at 8. The complaint asked 

the district court to “properly imprison” the defendants and to award him damages. 

Id. at 6. The complaint also included additional pages that contained other vague and 

unintelligible allegations. 

 The magistrate judge issued an order directing Mr. DeMillard to refile his 

complaint on a court-approved form and to either submit a court-approved 

application for leave to proceed without prepayment of fees and costs or pay the 

requisite filing fee. The magistrate judge advised Mr. DeMillard that if he failed to 

do so within thirty days, the action would be dismissed without prejudice. 

 Mr. DeMillard timely filed an amended complaint on a court-approved form. 

But he did not pay the requisite filing fee or file a court-approved application for 

leave to proceed without prepayment of fees and costs. 

 On September 15, 2023, the district court dismissed the action without 

prejudice due to Mr. DeMillard’s failure to comply with the magistrate judge’s order 

and for failure to prosecute the action. Final judgment was entered the same day. 

 On April 1, 2024, Mr. DeMillard filed a pro se motion asking the district court 

to “Legally Approve” a judgment against the two named defendants in the amount of 

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$160,000,000. R. at 124. The district court summarily denied that post-judgment 

motion on April 8, 2024. 

 Mr. DeMillard filed a notice of appeal on April 16, 2024. 

II 

 We begin by noting that our appellate review is limited to the district court’s 

April 8, 2024 order denying Mr. DeMillard’s post-judgment motion. Rule 4(a)(1)(A) 

of the Federal Rules of Appellate Procedure generally provides that “[i]n a civil case, 

. . . the notice of appeal . . . must be filed with the district clerk within 30 days after 

entry of the judgment or order appealed from.” Fed. R. App. P. 4(a)(1)(A). Because 

Mr. DeMillard did not file a notice of appeal until April 16, 2024, the only order that 

falls within the thirty-day window provided by Rule 4(a)(1)(A) is the district court’s 

April 8, 2024 order denying his post-judgment motion. 

 We review the denial of a post-judgment motion for abuse of discretion. 

Jennings v. Rivers, 394 F.3d 850, 854 (10th Cir. 2005). This standard “includes 

review to determine that the discretion was not guided by erroneous legal 

conclusions.” Id. (internal quotation marks omitted). We will reverse the district 

court’s determination “only if we find a complete absence of a reasonable basis and 

are certain that the district court’s decision is wrong.” Utah ex rel. Div. of Forestry, 

Fire & State Lands v. United States, 528 F.3d 712, 723 (10th Cir. 2008) (internal 

quotation marks omitted). 

 Post-judgment motions may be filed under either Rule 59(e) or Rule 60(b) of 

the Federal Rules of Civil Procedure. Mr. DeMillard did not identify which of these 

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rules he was seeking relief under. A motion under Rule 59(e) seeks to “alter or 

amend a judgment” and “must be filed no later than 28 days after the entry of the 

judgment.” Fed. R. Civ. P. 59(e). Because Mr. DeMillard filed his motion well past 

28 days after entry of the judgment, he could not seek relief under Rule 59(e). That 

leaves Rule 60(b). Rule 60(b) provides that “the court may relieve a party . . . from a 

final judgment” for several enumerated reasons, including, as relevant here, “mistake, 

inadvertence, surprise, or excusable neglect,” “fraud (whether previously called 

intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party,” “the 

judgment is void,” or “any other reason that justifies relief.” Fed. R. Civ. P. 

60(b)(1), (3), (4), (6). 

 After examining Mr. DeMillard’s appellate brief and the record on appeal, we 

conclude that none of these bases existed for relieving Mr. DeMillard from the final 

judgment that was entered by the district court. We therefore conclude the district 

court did not abuse its discretion in denying Mr. DeMillard’s post-judgment motion. 

III 

 We affirm the district court’s order denying Mr. DeMillard’s post-judgment 

motion and deny Mr. DeMillard’s motion for leave to proceed on appeal in forma 

pauperis. 

Entered for the Court 

Mary Beck Briscoe 

Circuit Judge 

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