Marvin D. Gleash, Sr. v. Michael Yuswak, 308 F.3d 758 (7th Cir. 2002). · Go Syfert
Marvin D. Gleash, Sr. v. Michael Yuswak, 308 F.3d 758 (7th Cir. 2002). Cases Citing This Book View Copy Cite
246 citation events (246 in the last 25 years) across 19 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jackson v. Kennedy
S.D. Ill. · 2023 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Hoskins v. Lieutenant Shirley
S.D. Ill. · 2022 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Ellerman, Bradley v. Whitley, John
W.D. Wis. · 2022 · quote attribution · 1 verbatim quote · confidence high
courts give effect to the substance of a document and not to its caption.
examined Cited as authority (verbatim quote) Cook County, Illinois v. Wolf (2×)
N.D. Ill. · 2021 · quote attribution · 2 verbatim quotes · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Daniels v. Menard Correctional Center
S.D. Ill. · 2021 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Gakuba v. Rains
S.D. Ill. · 2021 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) MAN AGAINST XTINCTION v. COMMISSIONER OF MAINE DEPARTMENT OF MARINE RESOURCES
D. Me. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a federal judge may stay an action when some other suit offers the advantage of a speedy and comprehensive solution
discussed Cited as authority (verbatim quote) Kitterman v. Brinkley
S.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Teen v. Kenny
S.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Mauter v. Siddiqui
S.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
a contention that the judge erred with respect to the materials in the record is not within rule 60(b)'s scope, else it would be impossible to enforce time limits for appeal.
discussed Cited as authority (verbatim quote) Knipfer, James v. State of Wisconsin Attorney General
W.D. Wis. · 2020 · quote attribution · 1 verbatim quote · confidence high
under the circumstances there was no point to 4 serving the defendants with process, forcing them to engage counsel, and then waiting for the inevitable motion to dismiss.
discussed Cited as authority (verbatim quote) Hohol, Dennis v. Meisner, Michael
W.D. Wis. · 2020 · quote attribution · 1 verbatim quote · confidence high
under the circumstances there was no point to 8 serving the defendants with process, forcing them to engage counsel, and then waiting for the inevitable motion to dismiss.
discussed Cited as authority (verbatim quote) Harris v. Central States Pension Fund (2×) also: Cited as authority (rule)
N.D. Ind. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
llegal error is not a proper ground for relief under rule 60(b).
examined Cited as authority (verbatim quote) Nwoke v. The University of Chicago Medical Center
N.D. Ill. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
no rule ... requires the dismissal of a second or successive civil suit, even if another concerning the same controversy is pending. ... a federal judge may stay an action when some other suit offers the advantage of a speedy and comprehensive solution ... .
examined Cited as authority (verbatim quote) Caiarelli v. Taylor (In re Taylor) (3×) also: Cited as authority (rule)
N.D. Ill. · 2017 · quote attribution · 1 verbatim quote · confidence high
legal error is not a proper ground for relief under rule 60(b).
discussed Cited as authority (verbatim quote) Bonnell v. Lawrence
Nev. · 2012 · quote attribution · 1 verbatim quote · confidence high
even pro se litigants must follow the rules.
discussed Cited as authority (rule) Taylor v. Jackie
C.D. Ill. · 2025 · confidence medium
Gleash v. Yuswak, 308 F.3d 758, 762 (7th Cir. 2002); Schillinger v. Kiley, 2022 WL 4075590 , at *2 (7th Cir. 2022) (dismissal for affirmative defense that is clear from the pleadings generally warrants a strike under § 1915(g)).
discussed Cited as authority (rule) Warren v. State of Wisconsin
E.D. Wis. · 2024 · confidence medium
As a general matter, “[w]hen determining the character of a pro se filing, . . . courts should look to the substance of the filing rather than its label.” United States v. Antonelli, 371 F.3d 360, 361 (7th Cir. 2004) (citing Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002) and Godoski v. United States, 304 F.3d 761, 763 (7th Cir. 2002)).
discussed Cited as authority (rule) Cobb v. Carriage House
E.D. Mo. · 2024 · confidence medium
Comm'n of Wis., 860 F.3d 461, 468-70 (7th Cir. 2017) (discussing whether a dismissal under § 1915(e)(2)(B) has same effect as dismissal under Rule 12(b)(6)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir. 2002) (giving res judicata effect to a prior suit which had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002) (discussing claim preclusion under § 1915(2)(2)(B)); Gimenez v. Morgan Stanley DW, Inc., 202 F. App'x 583, 583-84 (3d Cir. 2006) (per curiam) (“A dismissal under the in forma pauperis statute also qualif…
discussed Cited as authority (rule) Davidson v. Ferring Pharmaceuticals Inc.
E.D. Mo. · 2023 · confidence medium
Comm’n of Wis., 860 F.3d 461, 468-70 (7th Cir. 2017) (discussing whether a dismissal under § 1915(e)(2)(B) has same effect as dismissal under Rule 12(b)(6)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir. 2002) (giving res judicata effect to a prior suit which had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002) (discussing claim preclusion under § 1915(2)(2)(B)); Gimenez v. Morgan Stanley DW, Inc., 202 F. App’x 583, 583-84 (3d Cir. 2006) (per curiam) (“A dismissal under the in forma pauperis statute also qu…
discussed Cited as authority (rule) Sjodin, Jr. v. State of California
E.D. Cal. · 2023 · confidence medium
Appx. 102, 105 (3d Cir.2006), “We have the authority to apply the 13 doctrine of claim preclusion or res judicata sua sponte, Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir.2002); Ezekoye v. Ocwen 14 Federal Bank FSB, 179 F.App'x 111, 114 (3d Cir.2006) (non precedential) [and] can ... invoke res judicata ‘if it is so plain from 15 the language of the complaint and other documents in the district court's files that it renders the suit frivolous.’ Gleash, 308 F.3d at 16 760.” Guider v. Mauer, CIVIL 1:CV–09–1915, 2009 WL 4015568 (M.D.Pa.
discussed Cited as authority (rule) Nawrocki, Maryann v. Target Corporation-Stores
W.D. Wis. · 2023 · confidence medium
But a district court can invoke an affirmative defense if it is “so plain from the language of the complaint and other documents in the district court’s files that it renders the suit frivolous.” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
cited Cited as authority (rule) McMullin Jr., William v. Meyer, Chris
W.D. Wis. · 2023 · confidence medium
Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) Nawrocki, Maryann v. Target-Corporation Stores
W.D. Wis. · 2022 · confidence medium
But a district court can invoke an affirmative defense if it is “so plain from the language of the complaint and other documents in the district court’s files that it renders the suit frivolous.” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) EVANS v. SOCIAL SECURITY ADMINISTRATION
E.D. Pa. · 2022 · confidence medium
Bank, FSB, 179 F. App’x. 111, 114 (3d Cir. 2006) (not precedential); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir.2002) (district court may invoke claim preclusion as basis for dismissal under 1915(e)(2)(B) where application of doctrine is so plain that it renders suit frivolous).
cited Cited as authority (rule) Bryson v. Eckstein
E.D. Wis. · 2022 · confidence medium
Id. (citing Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002).
cited Cited as authority (rule) Sheppard v. Bowens
E.D. Wis. · 2022 · confidence medium
Id. (citing Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002).
discussed Cited as authority (rule) ViaHart LLC v. The Partnerships and Unincorporated Associations Identified on Schedule \A\""
N.D. Ill. · 2022 · confidence medium
Most cases that qualify for Rule 60(b) relief involve “factual information that comes to light only after the judgment, and could not have been learned earlier.” Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002).
discussed Cited as authority (rule) McIntosh, Dayon v. Goff, Daniel
W.D. Wis. · 2021 · confidence medium
Although qualified immunity is an affirmative defense that generally must be raised by the defendants, courts may consider it if, as here, it is “plain from the language of the complaint and other documents in the district court’s files.” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) DeGrave, Cody v. State of WI D.O.C.
W.D. Wis. · 2021 · confidence medium
“A district court must dismiss a suit at screening if it is frivolous, see 28 U.S.C. § 1915 (e)(2), and in doing so may rely on an affirmative defense that is apparent and unmistakable from the complaint’s face.” Briggs-Muhammad v. SSM Healthcare Corp., 567 F. App’x 464 (7th Cir. 2014) (citing Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002)).
cited Cited as authority (rule) Mixon v. Coleman
C.D. Ill. · 2021 · confidence medium
Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir. 2002); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) Petrakis v. Thompson
S.D. Ill. · 2021 · confidence medium
Njie v. Yurkovich, 720 F. App'x 786 , 789–90 (7th Cir. 2018) (“when confronted with parallel lawsuits, we have advised courts to stay successive actions, rather than dismiss them, unless it is clear that dismissal cannot adversely affect any litigant’s interest”) (citing Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) Park v. The Board of Trustees of the University of Illinois
C.D. Ill. · 2021 · confidence medium
Alter Amend J. 7, 17, but res judicata applies “even if the decision in the first [suit] was transparently erroneous,” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002) (citing Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 (1981)); id. (“In civil litigation, the final resolution of one suit is conclusive in a successor, whether or not that decision was correct.”).
discussed Cited as authority (rule) Park v. Stake
C.D. Ill. · 2021 · confidence medium
Alter Amend J. 9, 23–24, but res judicata applies “even if the decision in the first [suit] was transparently erroneous,” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002) (citing Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 (1981)); id. (“In civil litigation, the final resolution of one suit is conclusive in a successor, whether or not that decision was correct.”).
cited Cited as authority (rule) Wright, Willie v. West Bend
W.D. Wis. · 2021 · confidence medium
Gleash v. Yuswak, 308 F.3d 758, 761-62 (7th Cir. 2002).
discussed Cited as authority (rule) Anderson, Dexter v. Vair, D.
W.D. Wis. · 2021 · confidence medium
The Court of Appeals for the Seventh Circuit has held that courts have discretion to raise affirmative defenses on their own, in particular when “it is so plain from the language of the complaint and other documents in the district court’s files that it renders the suit frivolous.” Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002) (discussing Walker v. Thompson, 288 F.3d 1005, 1009-10 (7th Cir. 2002)).
cited Cited as authority (rule) Shaw v. County of Milwaukee
E.D. Wis. · 2021 · confidence medium
Id. (citing Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002)).
cited Cited as authority (rule) Shaw v. Doe
E.D. Wis. · 2021 · confidence medium
Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002) (“In civil litigation, the final resolution of one suit is conclusive in a successor [suit], whether or not that decision was correct.
discussed Cited as authority (rule) Savis, Inc. v. Cardenas
N.D. Ill. · 2021 · confidence medium
“When determining the character of a pro se filing, … courts should look to the substance of the filing rather than its label.” United States v. Antonelli, 371 F.3d 360, 361 (7th Cir. 2004) (per curiam) (citing Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002) (other citation omitted)).
discussed Cited as authority (rule) Momou, Gnamien v. Dean Health Plan
W.D. Wis. · 2021 · confidence medium
Adams v. United States, 911 F.3d 397, 403 (7th Cir. 2018); Banks v. Chicago Board of Education, 750 F.3d 663, 667 (7th Cir. 2014); Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002).2 Accordingly, this court cannot grant 1 The court cannot extend this deadline.
discussed Cited as authority (rule) Gentry v. State of Indiana
N.D. Ind. · 2020 · confidence medium
See Gentry v. Hammond Police Dep’t, case no. 2:19-CV-482-PPS-JEM, ECF No. 3 at 2–3 (citing Palka v. City of Chicago, 662 F.3d 428, 437 (7th Cir. 2011); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002)).
cited Cited as authority (rule) Draper v. United States
C.D. Ill. · 2020 · confidence medium
Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir. 2002); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
cited Cited as authority (rule) Coleman v. Jeffries
C.D. Ill. · 2020 · confidence medium
Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir. 2002); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
discussed Cited as authority (rule) Gentry v. Lake County Sheriff
N.D. Ind. · 2020 · confidence medium
See Gentry v. Hammond Police Dep’t, case no. 2:19-CV-482-PPS-JEM, ECF 3 at 2–3 (citing Palka v. City of Chicago, 662 F.3d 428, 437 (7th Cir. 2011); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002)).
discussed Cited as authority (rule) Andrew Rees v. Marilyn O. Marshall
7th Cir. · 2020 · confidence medium
Furthermore, “[t]hat rule No. 20-1258 Page 5 is designed to allow modification in light of factual information that comes to light only after the judgment, and could not have been learned earlier.” Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002); see also In re Taylor, 575 B.R. at 394 (even more true in a Rule 60(b)(6) context).
discussed Cited as authority (rule) Andrew Rees v. Marilyn O. Marshall
7th Cir. · 2020 · confidence medium
Furthermore, “[t]hat rule No. 20-1258 Page 5 is designed to allow modification in light of factual information that comes to light only after the judgment, and could not have been learned earlier.” Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002); see also In re Taylor, 575 B.R. at 394 (even more true in a Rule 60(b)(6) context).
discussed Cited as authority (rule) Hereford, Renette v. Catholic Charities Community Connections
W.D. Wis. · 2020 · confidence medium
But a district court can invoke an affirmative defense if it is “so plain from the language of the complaint and other documents in the district court’s files that it renders the suit frivolous.” Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
cited Cited as authority (rule) Harris v. Brannon
C.D. Ill. · 2020 · confidence medium
See Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir. 2002); Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir. 2002).
cited Cited as authority (rule) Smith v. Asselmeier
S.D. Ill. · 2020 · confidence medium
Regardless, “even a post-judgment change of law does not allow relief under Rule 60(b).” Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002).
cited Cited as authority (rule) JACKSON COUNTY BANK v. DUSABLON
S.D. Ind. · 2020 · confidence medium
P. 59(e); Gleash v. Yuswak, 308 F.3d 758, 761 (7th Cir. 2002); Jones v. Wells Fargo Bank, N.A., No. 1:18-CV-125-TLS, 2018 WL 6303683 , at *2 (N.D.
Retrieving the full opinion text from the archive…
Marvin D. GLEASH, Sr., Plaintiff-Appellant,
v.
Michael YUSWAK, Et Al., Defendants-Appellees
01-1346.
Court of Appeals for the Seventh Circuit.
Oct 21, 2002.
308 F.3d 758
Cyrus Amir-Mokri (argued), Skadden, Arps, Slate, Meagher & Flom, New York City, for Plaintiff-Appellant., Illinois Office of Attorney General was invited to file a response brief. The brief was filed and case was argued by A. Benjamin Goldgar, Office of Attorney General, Chicago, IL.
Bauer, Easterbrook, Rovner.
Cited by 202 opinions  |  Published
EASTERBROOK, Circuit Judge.

Marvin Gleash has filed two essentially identical suits complaining that prison guards violated the eighth amendment by confiscating a back brace that the prison’s medical staff had provided. The district court dismissed the first suit with prejudice under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim on which relief may be granted. The judge viewed the complaint as challenging the medical staffs delay in furnishing a replacement; that grievance, the judge stated, alleges only negligence and thus does not state a constitutional claim. See Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Gleash timely sought reconsideration, pointing out that his principal allegation — which the judge had not mentioned — was that the guards should not have taken his brace in the first place. The judge denied this motion without comment. Gleash did not appeal. Instead, a little more than five months later, he filed a second action making the same allegations. The same judge who had handled the first action dismissed the second before the defendants had been served with process, observing that a suit “duplicative of a parallel action already pending in[*760] another federal court” may be dismissed. This time Gleash appealed.

The judge’s first decision is problematic because it did not come to grips with Gleash’s principal contention. Confiscation of a medical device for no reason other than to inflict pain violates the eighth amendment. Moreover, the judge’s second decision cannot be sustained on the ground that he gave. No rule of federal law requires the dismissal of a second or successive civil suit, even if another concerning the same controversy is pending. Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co., 342 U.S. 180, 72 S.Ct. 219, 96 L.Ed. 200 (1952), show that a federal judge may stay an action when some other suit offers the advantage of a speedy and comprehensive solution, but that does not describe Gleash’s situation. No other suit was pending when the second was dismissed. Even when prudence calls for putting a redundant suit on hold, it must be stayed rather than dismissed unless there is no possibility of prejudice to the plaintiff. See Deakins v. Monaghan, 484 U.S. 193, 202-04, 108 S.Ct. 523, 98 L.Ed.2d 529 (1988); Central States Pension Fund v. Paramount Liquor Co., 203 F.3d 442 (7th Cir.2000); Blair v. Equifax Check Services, Inc., 181 F.3d 832, 838-39 (7th Cir.1999).

Yet although the district court’s explanation was deficient, its judgment may be correct. Gleash’s first suit was over, and a renewal may be dismissed on the ground of claim preclusion (res judicata) even if the decision in the first was transparently erroneous. See Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981). If, as Gleash’s appellate counsel contends, the court should have dismissed the first complaint rather than the first suit (a step that would have allowed refiling), the fact remains that this is not what happened. The final decision terminated the suit. In civil litigation, the final resolution of one suit is conclusive in a successor, whether or not that decision was correct. If Gleash wanted to contest the validity of the district judge’s decision — either on the merits or on the ground that he should have been allowed to re-plead — he had to appeal.

One potential response might be that claim preclusion is an affirmative defense, which judges should not entertain when conducting pre-service screening under §§ 1915(e)(2)(B) and 1915A. Briefing this question at our request, Gleash’s counsel commendably replied that a court that has discretion to raise affirmative defenses on its own after service, see Arizona v. California, 530 U.S. 392, 412-13, 120 S.Ct. 2304, 147 L.Ed.2d 374 (2000), has the same discretion before service. Both § 1915(e)(2)(B)(iii) and § 1915A(b)(2) require the judge to consider official immunity, which is an affirmative defense. See Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980). This implies that other affirmative defenses are open too. So we held in Walker v. Thompson, 288 F.3d 1005, 1009-10 (7th Cir.2002), adding that the judge should invoke an affirmative defense (on behalf of potential defendants who have not had a chance to do so themselves) only if it is so plain from the language of the complaint and other documents in the district court’s files that it renders the suit frivolous. That standard was met here, because all of the proceedings in the first suit occurred before the same judge, who therefore did not need to guess what those records would show. Under the circumstances there was no point to serving the defendants with process, forcing them to engage counsel, and then waiting for the inevitable motion[*761] to dismiss on preclusion grounds. It was sensible to stop the suit immediately, saving time and money for everyone concerned. See Denton v. Hernandez, 504 U.S. 25, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992); Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Only one way out has been suggested: Gleash’s appellate counsel contends that the district judge should have treated the second complaint not as an independent suit but as a motion for relief under Fed.R.Civ.P. 60(b)(6) in the initial (and thus the only) suit. Although the point is well argued, it cannot prevail. Trae enough, courts give effect to the substance of a document and not to its caption. See, e.g., Smith v. Barry, 502 U.S. 244, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (appellate brief may be treated as a notice of appeal if it contains all matters essential to a notice of appeal); Godoski v. United States, 304 F.3d 761 (7th Cir.2002) (petition for a writ of error coram nobis properly treated as a collateral attack under 28 U.S.C. § 2255). But the substance of this document matched its caption. Complaints state claims, while motions under Rule 60(b) state reasons for modification. The document that Gleash filed was a claim, not a request (with reasons) for alteration. Even pro se litigants must follow the rules. See McNeil v. United States, 508 U.S. 106, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993). Just as a letter is not a complaint, see Baldwin County Welcome Center v. Brown, 466 U.S. 147, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984), so a complaint is not a motion in a prior and unnamed ease. The civil rules distinguish “pleadings” from motions, and this was a “pleading.” That much of form must be respected, given the many rules (including timing and answer requirements) for pleadings, which differ substantially from the timing and form rules for motions. Otherwise litigation is chaos.

Anyway, it would do Gleash no good to treat this as a Rule 60(b) motion, not only because appellate review is deferential, see Metlyn Realty Corp. v. Esmark, Inc., 763 F.2d 826 (7th Cir.1985) — and a district judge does not abuse his discretion by failing to do something he was never even asked to do — but also because legal error is not a proper ground for relief under Rule 60(b). That rule is designed to allow modification in light of factual information that comes to light only after the judgment, and could not have been learned earlier. See Central States Pension Fund v. Central Cartage Co., 69 F.3d 1312 (7th Cir.1995). A contention that the judge erred with respect to the materials in the record is not within Rule 60(b)’s scope, else it would be impossible to enforce time limits for appeal. What Gleash really wants is to take a long-delayed appeal from the district judge’s initial order, using Rule 60(b) to reopen the window. That is not a proper use of the rule, as appellate counsel concedes. See Bell v. Eastman Kodak Co., 214 F.3d 798, 801 (7th Cir.2000); Neuberg v. Michael Reese Hospital Foundation, 123 F.3d 951, 955 (7th Cir.1997). Indeed, even a post-judgment change of law does not allow relief under Ijiule 60(b). See Norgaard v. DePuy Orthopaedics, Inc., 121 F.3d 1074 (7th Cir.1997).

Counsel contends that prisoners’ suits should be handled differently because erroneous orders under §§ 1915(e)(2)(B) and 1915A may be counted against a prisoner’s limit of three frivolous suits or appeals in forma pauperis. See 28 U.S.C. § 1915(g). The district judge stated that Gleash’s initial complaint was one of these “strikes.” That notation is no more than a housekeeping matter, however; whether a prisoner is disqualified under § 1915(g)[*762] must be determined by the court in which the fourth action is filed. See Evans v. Illinois Department of Corrections, 150 F.3d 810 (7th Cir.1998).

For what it may be worth, our view of this matter differs from the district judge’s: Gleash’s first suit was not frivolous and does not count against the limit of three. But his second suit, squarely barred by claim preclusion, is frivolous. This appeal is not itself frivolous; we did not determine until after Gleash filed his notice of appeal that district judges are entitled to dismiss (before service) on account of affirmative defenses other than immunity. See Walker, 288 F.3d at 1009-10. What is more, the district judge’s stated reason for dismissal was erroneous, so an appeal could not be deemed frivolous. The bottom line is that Gleash has accumulated one “strike” over the course of the two suits and one appeal.

Affirmed