by Fed. R. App. P. 4(a)(4)(B)(ii) to challenge a post-judgment order. Therefore, we have appellate jurisdiction over only the November 1 judgment of dismissal and not over the December 19 order denying post-judgment relief. Jernigan v. Stuchell, 304 F.3d 1030, 1031 (10th Cir. 2002). Accordingly, we do not address plaintiff’s appellate arguments related to the post-judgment proceedings. The post-judgment order does, however, reveal some of the district court's reasons for dismissing the case, and we consider it for that purpose. It would be pointless to remand for a statement of reasons when those reasons have already been expressed on the record.
Facts
Plaintiff, a police officer, filed his original complaint on September 11, 1998. The complaint alleged that his federal civil rights and various state-law rights were violated when defendant Dillards, a department store, and its manager wrongfully caused him to be investigated for assaulting his wife, who was a store employee. It further alleged that the City of Enid, its police chief, and police captain Tim Goodpasture wrongfully pursued assault charges against him as punishment for his involvement in a police collective bargaining unit.
The district court dismissed the complaint without prejudice on January 15, 1999, because plaintiff had not taken any action in the litigation, having failed even to perfect service on the defendants. Plaintiff refiled on January 14, 2000.
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