Appellate Case: 24-3113 Document: 64 Date Filed: 10/17/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT October 17, 2025 _________________________________ Christopher M. Wolpert Clerk of Court SCOTT B. SULLIVAN,

Plaintiff - Appellant,

v. No. 24-3113 (D.C. No. 2:22-CV-02319-SRB) JOHN M. GRAHAM, JR.; MELINDA (D. Kan.) YOUNG; DAVID CLYMER; CARONDELET ORTHOPAEDIC SURGEONS; EDWARD PROSTIC; DR. PROSTIC’S PRACTICE; JOHNSON COUNTY IMAGING RADIOLOGIST; JOHNSON COUNTY IMAGING; STEVEN G. PILAND; THE STEVEN G. PILAND LAW FIRM; MATTHEW L. BRETZ; THE LAW FIRM OF BRETZ & YOUNG; TIM ELLIOT; ELLIOT LAW FIRM; KENNETH HURSH; JERRY SHELOR; THE LAW FIRM OF MCANANY, VAN CLEAVE AND PHILLIPS; GREG GOHEEN,

Defendants - Appellees.

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SCOTT B. SULLIVAN,

Plaintiff - Appellant,

v. No. 24-3114 (D.C. No. 2:22-CV-02491-SRB) THE HARTFORD FINANCIAL (D. Kan.) SERVICES GROUP, INC.; CAROL MORRIS; LADUSKA ANNE HANEY; ZEKE DELGADO; MIKE FISKE; TWIN CITIES FIRE INSURANCE COMPANY; BERKSHIRE HATHAWAY; UNITED Appellate Case: 24-3113 Document: 64 Date Filed: 10/17/2025 Page: 2

STATES LIABILITY INSURANCE COMPANY; UNKNOWN DEFENDANTS; CONCENTRA; TEGUMSEN WAKWAYA; PREMIER SPINE CARE; JOHN CICCARELLI; AMY SLESKY; ST. LUKE’S SOUTH PRIMARY CARE; STEPHEN NOLKER; DAVID CYMER; EDWARD PROSTIC; JOHNSON COUNTY IMAGING; JOHN M. GRAHAM, JR.; THE STEVEN G. PILAND LAW FIRM; STEVEN G. PILAND; MELINDA YOUNG; MATTHEW BRETZ; THE LAW FIRM OF BRETZ & YOUNG; TIM ELLIOT; THE TIM ELLIOT LAW FIRM; GREG GOHEEN; DARRYL WYNN; JODI FOX; HONORABLE KENNETH HURSH; HONORABLE JERRY SHELOR; UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS; HONORABLE KATHERYN VRATIL; HONORABLE ANGEL D. MITCHELL; NEBRASKA FURNITURE MART; HONORABLE PAUL C. GURNEY; HONORABLE LAWTON NUSS; HONORABLE LEE JOHNSON; HONORABLE KEVIN MORIARTY; ONFORCE; WORKMARKET; HONORABLE THERESA JAMES; HONORABLE RACHEL SCHWARTZ; HONORABLE JULIE A. ROBINSON; MCANANY, VAN CLEAVE & PHILLIPS, P.A.,

Defendants - Appellees.

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_________________________________

ORDER AND JUDGMENT * _________________________________

Before MATHESON, CARSON, and FEDERICO, Circuit Judges. _________________________________

In these two related appeals, Scott Sullivan, proceeding pro se, 1 seeks to

challenge the district court’s denial of motions he made pursuant to Fed. R. Civ. P.

60(b) to set aside adverse judgments the district court entered on July 26 and July 27,

2023. He also challenges the district court’s denial of his motion to appoint counsel

for him. The underlying adverse judgments were final when this court affirmed

them, see Sullivan v. Graham, Nos. 23-3153, 23-3154, 2025 WL 1983231

(10th Cir. July 17, 2025) (per curiam) (unpublished). We have jurisdiction under

28 U.S.C. § 1291, but we dismiss these appeals as frivolous under

28 U.S.C. § 1915(e)(2)(B)(i).

Because we have previously set forth the underlying facts and procedural

history underlying these appeals, see Sullivan, 2025 WL 1983231, at *1–2, we need

* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of these appeals. 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. 1 Because Mr. Sullivan proceeds pro se, we construe his arguments liberally, but we “cannot take on the responsibility of serving as [his] attorney in constructing arguments and searching the record.” Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005).

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not do so at any great length again here. After the district court dismissed his

underlying lawsuits, and after this court had initially 2 affirmed that dismissal,

Mr. Sullivan brought a motion before the district court under Fed. R. Civ. P. 60

seeking relief from judgment. In this motion, Mr. Sullivan “ask[ed] the Federal

judges to all admit that [they] were wrong and grant [him] relief from judgment

under Rule 60.” R. (24-3114) at 809.

The district court denied the motion, analyzing it under Fed. R. Civ. P.

60(b)(2) and (b)(6), the only two subsections that “appear to possibly apply,”

R. (24-3114) at 825. The court found Mr. Sullivan “point[ed] to no new evidence in

his motion” that would entitle him to relief under Rule 60(b)(2) given the previous

dismissal was (in part) for failure to adequately plead a claim under Fed. R. Civ. P. 8.

R. (24-3114) at 826. The court further concluded Mr. Sullivan was not entitled to

relief under Rule 60(b)(6) because his motion “appears to largely reiterate the same

assertions that were raised and rejected previously in this case.” R. (24-3114) at 826.

The court also denied Mr. Sullivan’s request to appoint him counsel, considering and

accounting for “the merits of [Mr. Sullivan’s] claims, the nature of the factual issues

raised in the claims, [his] ability to present his claims, and the complexity of the legal

issues raised by the claims.” Id. at 827 (internal quotation marks omitted).

2 This court entered an Order and Judgment affirming the judgments of the district court on May 17, 2024, but, on July 17, 2025, it vacated that Order and Judgment because of a subsequently discovered need to recuse by one of the panel members. With a newly constituted panel, the court again affirmed the judgments of the district court.

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These appeals followed.

We first consider the motion to dismiss brought by Defendants Deryl Wynn;

Jodi Fox; and McAnany, Van Cleave & Phillips, P.A. (the “MVP Appellees”). The

MVP Appellees point out that Mr. Sullivan filed Notices of Appeal in these cases

well after thirty days from the district court’s initial entries of judgment on July 26

and July 27, 2023. They argue further that the Fed. R. Civ. P. 60 motions were

untimely and therefore did not modify the Fed. R. App. P. 4 deadline for filing a

notice of appeal. While these arguments are well-taken with respect to the

underlying judgment, the Notices of Appeal were filed within thirty days of the

district court’s order denying the Fed. R. Civ. P. 60 motion, and so are timely under

Fed. R. App. P. 4(a)(1)(A) as to that order only. See Servants of the Paraclete v.

Does, 204 F.3d 1005, 1009 (10th Cir. 2000) (“An appeal from a denial of a Rule

60(b) motion addresses only the district court’s order denying the motion, and not the

underlying decision itself.”). So, we deny the motion to dismiss in part.

Granting relief under Fed. R. Civ. P. 60(b) is “an extraordinary remedial

procedure. Accordingly, a court reviewing the denial of a Rule 60(b) motion is

generally limited to determining whether the denial amounts to an abuse of

discretion. A district court abuses its discretion if its decision is arbitrary,

capricious, whimsical, or manifestly unreasonable.” Choice Hospice, Inc. v.

Axxess Tech. Sols., Inc., 125 F.4th 1000, 1011 (10th Cir. 2025) (internal quotation

marks, citations, and footnote omitted). The decision whether to appoint counsel for

a pro se litigant in a civil case is, likewise, “a matter within the discretion of the

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district court,” and “[t]he burden is upon the applicant to convince the court that

there is sufficient merit to his claim to warrant the appointment of counsel.”

McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985).

The arguments Mr. Sullivan presents in both appeals do not come close to

showing entitlement to Fed. R. Civ. P. 60(b) relief, an abuse of discretion in the

denial of Rule 60(b) relief, or an abuse of discretion in concluding he did not meet

his burden to show sufficient merit to his claim that the court should appoint counsel

for him to prosecute the Rule 60(b) motion. Even liberally construed, Mr. Sullivan’s

arguments are, at best, attempts to reargue the merits of his previously dismissed

claims. This is improper as a basis for relief under Fed. R. Civ. P. 60. See Servants

of the Paraclete, 204 F.3d at 1012 (holding that a motion for reconsideration is not an

appropriate vehicle “to revisit issues already addressed or advance arguments that

could have been raised in prior briefing.”).

We therefore conclude these appeals are frivolous. See Braley v. Campbell,

832 F.2d 1504, 1510 (10th Cir. 1987) (“An appeal is frivolous when the result is

obvious, or the appellant’s arguments of error are wholly without merit.” (internal

quotation marks omitted)). So, we dismiss them. See § 1915(e)(2)(B)(i)

(“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the

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court shall dismiss the case at any time if the court determines that . . . the . . . appeal

. . . is frivolous . . . .”).

Entered for the Court

Joel M. Carson III Circuit Judge

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