Dema, v. Arizona, State of

Filing 26

ORDER - Plaintiff's 25 Motion to Reinstate/Consolidate (Previously Dismissed) cases, is DENIED. Signed by Magistrate Judge Lawrence O Anderson on 12/17/09.(SAT)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Victor O. Dema, Plaintiff, vs. State of Arizona, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-0900-PHX-LOA CV-09-1710-PHX-MHB ORDER The Court has received and considered Plaintiff's "Motion to Reinstate/Consolidate (Previously Dismissed) Defendant's First Child's Removed State Court Dependency Action with His Second Child's Removed State Action now Pending in Federal Court" (CV-09-1710-PHX-MHB). (docket #25) On June 13, 2008, this case was dismissed without prejudice pursuant to the Younger abstention doctrine and judgment entered by the Clerk of the Court. (docket ## 14, 15) Further, Plaintiff filed a Notice of Appeal to the Ninth Circuit Court of Appeals which subsequently dismissed the appeal for failure to prosecute on January 9, 2009. (docket #24) Plaintiff cites no basis for setting aside the June 13, 2008 judgment pursuant to Rule 60(b), FED.R.CIV.P. Additionally, Plaintiff's Motion was not filed within either a reasonable time or within one year after judgment was entered. Rule 60(c), FED.R.CIV.P. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED Plaintiff's Motion to Reinstate/Consolidate (Previously Dismissed) cases, docket #25, is DENIED. Dated this 17th day of December, 2009. -2-

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