Ramirez v. City of Stockton et al

Filing 11

MEMORANDUM, DECISION and ORDER signed by Judge Oliver W. Wanger on 4/7/2009 deeming Plaintiff's 10 Notice filed 4/3/2009 to be a motion to set aside judgment and denying deemed motion. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 CITY OF STOCKTON, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 On September 19, 2007 Plaintiff, a state prisoner proceeding in pro per, filed a Complaint pursuant to 42 U.S.C. § 1983, against the City of Stockton and two Stockton police officers seeking damages as a result of the death of her son during a high-speed chase of a third person. By Order filed on October 10, 2007, the United States Magistrate Judge dismissed Plaintiff's complaint with leave to amend. On December 11, 2007, the United States Magistrate Judge 1 Defendants. vs. Plaintiff, VIOLET RAMIREZ, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-07-1371 OWW/SMS MEMORANDUM DECISION AND ORDER DEEMING PLAINTIFF'S "NOTICE" FILED ON APRIL 3, 2009 (Doc. 10) TO BE A MOTION TO SET ASIDE JUDGMENT PURSUANT TO RULE 60(b), FEDERAL RULES OF CIVIL PROCEDURE, AND DENYING DEEMED MOTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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recommended that this action be dismissed because of Plaintiff's failure to comply with the October 10, 2007 Order directing Plaintiff to file an amended complaint because of the Complaint's failure to state a claim upon which relief can be granted. Plaintiff did not file objections to the recommendation. By

Order filed on January 23, 2008, the recommendation was adopted by the Court and the action dismissed. Judgment was entered for

Defendants was entered on January 23, 2008. On April 3, 2009, Plaintiff filed a "Notice," in which she states: On April 18, 2003, my son Angel Cecil Ramirez was killed in a public chase. My son was an innocent bystander & was hit while the police were chasing their suspect, and subsequently killed in the accident. I filed a wrongful death suit in Sept. 2007. I had a nervous breakdown in June 2008. Therefore have not been able to continue my wrongful death case. I am recovered now. I am notifying you of these plans to continue with this case. The Court deems Plaintiff's "Notice" to be a motion to for

17 relief from a final judgment or order pursuant to Rule 60(b), 18 Federal Rules of Civil Procedure. 19 Plaintiff's deemed motion is DENIED. 20 that Plaintiff was served with the October 10, 2007 Order and the 21 December 11, 2007 recommendation of dismissal. 22 Plaintiff was served with the January 23, 2008 Order adopting the 23 recommendation and dismissing the action and the Judgment entered 24 on January 23, 2008. 25 suffer a nervous breakdown until June 2008. 26 2 Plaintiff makes no By her own admission, Plaintiff did not In addition, The docket establishes

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showing that anything prevented her from complying with the October 10, 2007 Order, filing objections to the recommendation, or moving to set aside the January 23, 2008 Order and Judgment prior to June, 2008. IT IS SO ORDERED. Dated: 668554 April 7, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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