Shirley A. Reed v. Mike Williams
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 2, 2026
Docket25-12339
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-12339
Non-Argument Calendar
____________________
SHIRLEY A. REED,
Plaintiff-Appellant,
versus
MIKE WILLIAMS,
in his individual capacity as former Sheriff of the Consolidated
City of Jacksonville, Florida,
DETECTIVE T.C. MCKENZIE,
individually,
Defendants-Appellees,
OFFICER J.A. TAYLOR,
individually,
Defendant.
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2 Opinion of the Court 25-12339
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:22-cv-00419-MMH-PDB
____________________
Before JILL PRYOR, BRANCH, and LUCK, Circuit Judges.
PER CURIAM:
Shirley A. Reed challenges the district court’s denial of her
Federal Rule of Civil Procedure 60(b) motion for relief. As she sees
it, the district court lacked authority to rule on a motion to dismiss
without also considering a pending motion for summary judg-
ment. We disagree and affirm.
I.
Reed was arrested on a warrant for unauthorized practice of
law. While her case was pending, Reed was declared incompetent
to stand trial, and the state entered a nolle prosequi. Afterwards,
Reed filed a 42 U.S.C. section 1983 complaint against the arresting
officer, Detective T.C. McKenzie, and then-Sheriff Mike Williams
for false arrest, malicious prosecution, conspiracy, and false impris-
onment.
On Detective McKenzie and Sheriff Williams’s motion, the
district court dismissed Reed’s complaint with leave to amend her
malicious prosecution claim. In doing so, the district court ex-
plained that her malicious prosecution claim failed because she did
not allege “facts suggesting that any officer knew or should have
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25-12339 Opinion of the Court 3
known that the warrant [for her arrest] was not founded on proba-
ble cause . . . [or] any facts suggesting that any officer made false
statements or omissions in order to secure the warrant.” It
acknowledged Reed’s argument that she had a power of attorney
but explained that “a power of attorney does not authorize a non-
lawyer to prepare papers, file petitions and briefs, or generally act
as a lawyer on behalf of another.” Her remaining claims were dis-
missed with prejudice because, as the district court concluded,
“more careful drafting of th[o]se [claims] would not transform
them from insufficient to plausible.”
Reed filed an amended complaint, alleging only her mali-
cious prosecution claims against Detective McKenzie and Sheriff
Williams. McKenzie and Williams again moved to dismiss and,
while the motion to dismiss was still pending, also moved for sum-
mary judgment. The district court granted the motion to dismiss.
Once again, Reed failed to allege any facts supporting that her ar-
rest warrant lacked probable cause. The order reiterated that
Reed’s power of attorney did not authorize her to prepare and file
motions on behalf of another. It also directed the clerk to “termi-
nate all pending motions and deadlines as moot . . . .” Reed ap-
pealed, but the appeal was dismissed for want of prosecution.
Reed then filed a rule 60(b) motion for relief, arguing that
the district court erred by failing to rule on the summary judgment
motion instead of dismissing the complaint. The district court de-
nied the motion, noting that “Reed’s arguments, all premised on
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4 Opinion of the Court 25-12339
her failure to accurately understand the record are misplaced and
lacking in merit.” Reed appeals the denial of her rule 60(b) motion.
II.
We review for abuse of discretion a district court’s denial of
a rule 60(b) motion. Galbert v. W. Caribbean Airways, 715 F.3d 1290,
1294 (11th Cir. 2013).
III.
Rule 60(b) “sets forth the grounds on which a court, in its
discretion, can rescind or amend a final judgment or order.” Griffin
v. Swim-Tech Corp., 722 F.2d 677, 679 (11th Cir. 1984). “The first
five provisions of [r]ule 60(b) provide relief in specific circum-
stances” while “[r]ule 60(b)(6) provides a catch-all, authorizing a
[district] court to grant relief from a judgment for ‘any other reason
that justifies relief.’” Aldana v. Del Monte Fresh Produce N.A., Inc., 741
F.3d 1349, 1355 (11th Cir. 2014). “Our case precedent has carefully
constrained th[e catch-all provision’s] open-ended language.” Id.
“The party seeking relief has the burden of showing that absent
such relief, an ‘extreme’ and ‘unexpected’ hardship will result.”
Griffin, 722 F.2d at 680 (quoting United States v. Swift & Co., 286 U.S.
106, 119 (1932)). A party cannot rely on the catch-all provision
where relief is available under any of the first five provisions. Mills
v. Comm’r, Ala. Dep’t of Corr., 102 F.4th 1235, 1240 (11th Cir. 2024)
(“Much authority establishes that clause (6) and the first five
clauses of [r]ule 60(b) are mutually exclusive.” (citation modified)).
Reed argues that, once Detective McKenzie and Sheriff Wil-
liams filed a motion for summary judgment, the district court had
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25-12339 Opinion of the Court 5
to apply the summary judgment standard and review Reed’s evi-
dence. But she gets the sequence wrong. A later-filed motion for
summary judgment does not supersede a pending motion to dis-
miss. District courts generally cannot consider evidence and “must
limit their consideration to the pleadings and any exhibits attached
to the pleadings when ruling on a motion to dismiss.” Swinford v.
Santos, 121 F.4th 179, 186–87 (11th Cir. 2024); see also Fed. R. Civ.
P. 12(d). The citations Reed relies on explain the standard a district
court should apply when considering a motion for summary judg-
ment. See, e.g., Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247–48
(1986); Celotex Corp. v. Catrett, 477 U.S. 317, 323–24 (1986); Tolan v.
Cotton, 572 U.S. 650, 656–57 (2014). But they have no application
to a motion to dismiss.
The district court identified and applied the well-established
standards for reviewing a motion to dismiss. It liberally construed
Reed’s complaint, accepted the complaint’s factual allegations as
true, and drew all reasonable inferences in Reed’s favor to deter-
mine whether the complaint contained “sufficient factual matter,
accepted as true, to state a claim to relief that is plausible on its
face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation modified);
Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998);
Randall v. Scott, 610 F.3d 701, 705 (11th Cir. 2010).
Once the district court dismissed Reed’s case, the summary
judgment motion was rendered moot and there was no reason for
the district court to consider Reed’s evidence. Reed mistakenly at-
tributes the district court’s directive for the clerk to terminate as
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6 Opinion of the Court 25-12339
moot any pending motions as stemming from the filing of the
amended complaint. But it was the dismissal itself that rendered
all pending motions—including the motion for summary judg-
ment—moot.
Reed’s remaining arguments that the district court missed
genuine disputes of material fact in the summary judgment motion
are outside of the scope of this appeal. Our review of a rule 60(b)
motion is limited to “the propriety of the denial or grant of relief
and does not raise issues in the underlying judgment for review.”
Am. Bankers Ins. Co. v. Nw. Nat’l Ins. Co., 198 F.3d 1332, 1338 (11th
Cir. 1999). As to what we can review—the propriety of the denial
of Reed’s rule 60(b) motion—the district court did not abuse its dis-
cretion.
AFFIRMED.