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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-14884
Non-Argument Calendar
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D.C. Docket Nos. 2:16-cv-00910-KOB; 15-bkc-03750-TOM-13
In re: LACOSTA SANDERS WARREN,
Debtor.
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LACOSTA SANDERS WARREN,
Plaintiff - Appellant,
versus
EMERALD POINTE APARTMENTS,
Defendant - Appellee.
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Appeal from the United States District Court
for the Northern District of Alabama
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(January 23, 2019)
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Before WILSON, JILL PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
LaCosta Sanders Warren appeals the district court’s denial of her motion to
reconsider the court’s previous denial of her motion to reinstate her appeal from
the bankruptcy court’s dismissal of her Chapter 13 action. Warren, proceeding pro
se and in forma pauperis, argues that the district court’s denial was an abuse of the
court’s discretion because her case displays the requisite exceptional circumstances
as required by our precedent and in accordance with the Federal Rules of Civil
Procedure. See FED. R. CIV. P. 60(b)(6) (“[T]e court may relieve a party . . . from a
final judgment, order, or proceeding for . . . any [ ] reason that justifies relief.”).
Since Warren fails to show that her case presents the requisite exceptional
circumstances under Rule 60(b)(6), we affirm the district court’s decision to deny
her motion to reconsider.
Warren filed a notice of appeal with the district court on May 31, 2016,
appealing a bankruptcy court’s order dismissing her Chapter 13 action and her
adversary proceeding against Emerald Pointe Apartments (Emerald Pointe) for
unlawful eviction. The district court issued a notice to Warren, stating that, pursuant
to Federal Rule of Bankruptcy Procedure 8009, parties are required to file with the
bankruptcy court their designations, transcripts, and a statement of the issues for the
record on appeal.
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On October 4, 2016, the district court issued an order to show cause for why
the appeal should not be dismissed, noting that Warren had failed to comply with
the requirements of Rule 8009. The court ordered Warren to respond to its order by
October 14, 2016. On October 21, 2016, the district court dismissed Warren’s
appeal without prejudice because she had failed to respond to the October 4 order.
Warren filed several pro se motions to reinstate her bankruptcy appeal.
Although Warren did not reference Federal Rule of Civil Procedure 60(b)(6), the
district court construed her motions as Rule 60(b)(6) motions for relief from the
court’s order dismissing her appeal because Warren presented arguments attempting
to show exceptional circumstances. The district court denied all of Warren’s
motions to reinstate her appeal, concluding that her difficult financial situation failed
to “rise to the level of showing exceptional circumstances warranting relief.” Doc.
10 at 2.
In Warren’s last motion—the only one on appeal—she addresses why she
failed to respond to the October 4 order, noting (1) she acted as quickly as possible
after receiving the October 4 and October 21 orders, (2) she did not have any money
or means of transportation at the time, (3) she could not hire an attorney, and (4) her
delay was caused by the fact she was moving homes. On September 25, 2017, the
district court denied Warren’s motion for reconsideration. The district court again
construed her motion as filed under Rule 60(b)(6) and concluded that Warren had
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not shown sufficiently exceptional circumstances warranting reconsideration. On
October 25, 2017, Warren appealed the district court’s decision to deny her motion
for reconsideration.
We review the district court’s denial of a Rule 60(b) motion for an abuse of
discretion. Rice v. Ford Motor Co., 88 F.3d 914, 918 (11th Cir. 1996). While we
liberally construe pleadings filed by a pro se litigant, they must nonetheless
conform to procedural rules. Albra v. Advan, Inc., 490 F.3d 826, 829
(11th Cir. 2007). A party abandons a claim if she fails to raise the claim or issue
“plainly and prominently” on appeal. United States v. Jim, 891 F.3d 1242, 1252
(11th Cir. 2018). We deem issues abandoned if an appellant’s brief “makes only a
passing reference” or “raises [the issue] in a perfunctory manner without
supporting arguments and authority.” Sapuppo v. Allstate Floridian Ins. Co., 739
F.3d 678, 681 (11th Cir. 2014). “Any issue that an appellant wants us to address
should be specifically and clearly identified in the brief,” or else it will be
abandoned. Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1330 (11th Cir.
2004).
Warren’s brief on appeal does not support her argument that the district
court abused its discretion. She makes only a single conclusory statement that her
case presents exceptional circumstances, and does not support that statement with
arguments or authority. According to Warren, Appellee’s decision to evict her
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“was a surprise that ordinary prudence could not have guarded against and was an
exceptional circumstance in and of itself.” Warren cites no supporting authority,
instead she simply states that the eviction is still causing “irreparable harm.”
This argument is “perfunctory” and is not supported by the requisite
“arguments and authority.” Sapuppo, 739 F.3d at 681. Thus, Warren abandoned
her claim on appeal and, accordingly, we affirm the district court’s denial of her
motion to reconsider.
AFFIRMED.
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