Mothershed v. Oklahoma, State of et al

Filing 44

ORDER denying 43 plaintiff's Motion to Amend Findings and Conclusions. Signed by Judge Frederick J Martone on 07/19/12.(KAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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George L. Mothershed,
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Plaintiff,
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vs.
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State of Oklahoma et al,
Defendant.

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No. CV 12-549-PHX-FJM
ORDER

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The court has before it plaintiff's "Motion to Amend Findings and Conclusions of
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Law(Verified)" (doc. 43). But Rule 52(b), Fed. R. Civ. P. applies to the amendment of
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Findings and Conclusions made under Rule 52(a), Fed. R. Civ. P. Such Findings and
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Conclusions are made, for example, in actions tried to the court without a jury. We made no
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findings and conclusions under Rule 52(a). Instead, we granted a motion to dismiss. Thus,
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there are no findings to amend. Accordingly, it is ORDERED DENYING plaintiff's Motion
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to Amend Findings and Conclusions. (Doc. 43).
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We have already denied plaintiff's Motion to amend the judgment and Motion for
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reconsideration. (Doc. 42). Plaintiff's remedy, if any, is to seek further review in the United
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States Court of Appeals for the Ninth Circuit.
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DATED this 19th day of July, 2012.