Mothershed v. Oklahoma, State of et al
ORDER denying 43 plaintiff's Motion to Amend Findings and Conclusions. Signed by Judge Frederick J Martone on 07/19/12.(KAR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
George L. Mothershed,
State of Oklahoma et al,
No. CV 12-549-PHX-FJM
The court has before it plaintiff's "Motion to Amend Findings and Conclusions of
Law(Verified)" (doc. 43). But Rule 52(b), Fed. R. Civ. P. applies to the amendment of
Findings and Conclusions made under Rule 52(a), Fed. R. Civ. P. Such Findings and
Conclusions are made, for example, in actions tried to the court without a jury. We made no
findings and conclusions under Rule 52(a). Instead, we granted a motion to dismiss. Thus,
there are no findings to amend. Accordingly, it is ORDERED DENYING plaintiff's Motion
to Amend Findings and Conclusions. (Doc. 43).
We have already denied plaintiff's Motion to amend the judgment and Motion for
reconsideration. (Doc. 42). Plaintiff's remedy, if any, is to seek further review in the United
States Court of Appeals for the Ninth Circuit.
DATED this 19th day of July, 2012.
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