Opinion

Shakur

Court
District Court, W.D. Oklahoma
Filed
Dec 1, 2025
Cited by
0 cases
Authority
More cited than 37.3%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

MALIK SHAKUR, )

)

Plaintiff, )

)

v. ) Case No. CIV-25-251-R

)

DEPARTMENT OF THE AIR FORCE, )

et al., )

)

Defendant. )

ORDER

Plaintiff, proceeding pro se, has filed a document titled “Independent Action to Re-

open and Set Aside Judgment Under ‘Extraordinary Circumstances’ for Fraud on the

Court” [Doc. No. 10]. Plaintiff’s motion invokes Rule 60(d)(3) and seeks relief from the

Court’s order and judgment dismissing this action for failure to state a claim and failure to

serve.

Federal Rule of Civil Procedure 60(d)(3) “reserves to the district court the power to

set aside a judgment for fraud on the court.’” Day v. Devries, No. 22-3107, 2023 WL

4363894, at *2 (10th Cir. July 6, 2023) (unpublished) (quoting Fed. R. Civ. P. 60(d)(3)).1

1 “A fraud-on-the-court claim may be brought either as an independent action preserved by

the savings clause in Rule 60(d)(3), or as a claim under Rule 60(b)(3), which provides for

relief from judgment based on fraud, misrepresentation, or misconduct by an opposing

party.” United States v. Baker, 718 F.3d 1204, 1207 (10th Cir. 2013) (quotation and ellipses

omitted). Although Plaintiff describes his motion as an “independent action” to set aside

judgment, Rule 60(b)(3) might be the better match given that he has filed the motion in this

action and is asking the Court to set aside its own judgment. But regardless of which

provision of Rule 60 he is proceeding under, “the same demanding standard of proof for

establishing a fraud on the court” applies. Id.

Fraud on the court claims concern “fraud which is directed to the judicial machinery itself”

and are exceedingly difficult to prove. United States v. Buck, 281 F.3d 1336, 1342 (10th

Cir. 2002) (quotation omitted). “Generally speaking, only the most egregious misconduct,

such as bribery of a judge or members of a jury, or the fabrication of evidence by a party

in which an attorney is implicated will constitute a fraud on the court.” Weese v. Schukman,

98 F.3d 542, 552-53 (10th Cir. 1996). Fraud on the court must be shown “by clear and

convincing evidence” and “all doubts must be resolved in favor of the finality of the

judgment.” /d. at 552.

Plaintiff's motion contends that the Court’s prior order “blocked” and “unilaterally

str[uck] down” Executive Order 14284 which, among other things, made changes to the

Merit Systems Protection Board’s jurisdiction to adjudicate a terminated probationary

employee’s appeal. The Court’s order dismissing this action was primarily based on

Plaintiff's failure to state a plausible claim for discrimination and had no bearing on

Executive Order 14284. Plaintiff's assertions do not appear to even be properly

characterized as fraud on the court and, in any event, fall short of the standard required to

show fraud or to otherwise warrant granting relief from the judgment.

Accordingly, Plaintiffs motion is denied.

IT IS SO ORDERED this 1*' day of December, 2026.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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