Kyle Greene; Krystle Lynn Greene v. Meeker County Department of Human Services (DHS)

United States Court of Appeals
For the Eighth Circuit
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No. 23-2345
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Kyle Greene; Krystle Lynn Greene
lllllllllllllllllllllPlaintiffs - Appellants
v.
Meeker County Department of Human Services (DHS)
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the District of Minnesota
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Submitted: January 31, 2024
Filed: February 5, 2024
[Unpublished]
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Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.
Kyle and Krystle Greene appeal the district court’s1 denial of their Federal Rule
of Civil Procedure 60(b) motion challenging the dismissal of their pro se complaint.
1The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.

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Having carefully reviewed the record and the parties’ arguments on appeal, we
conclude the district court did not abuse its discretion in denying the Rule 60(b)
motion. See Middleton v. McDonald, 388 F.3d 614, 616 (8th Cir. 2004) (standard of
review); Chester v. St. Louis Hous. Auth., 820 F.2d 259, 260 (8th Cir. 1987) (per
curiam) (stating that Rule 60(b) provides for relief only under exceptional
circumstances and is not intended to substitute for a timely appeal). Accordingly, we
affirm and deny the Greenes’ motion to modify the caption as moot. See 8th Cir. R.
47B.
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