McGlothin, et al v. Santos, et al.

Filing 25

ORDER STRIKING Plaintiff's 24 Motion for Relief from Judgment signed by District Judge Lawrence J. O'Neill on 1/23/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIYEONDREA McGLOTHIN, et al.,

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Plaintiffs,

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CASE NO. 1:08-cv-01290-LJO-GSA
ORDER STRIKING PLAINTIFF’S MOTION
FOR RELIEF FROM JUDGMENT

v.
MARIO SANTOS, et al.,

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Defendants.

(Doc. 24)
/

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On January 19, 2012, Plaintiff Janetta Sconiers filed a document entitled “Motion for

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Relief From Judgment Dated February 26, 2009 Pursuant to F.R.C.P. 60(b).” In compliance with

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this Court’s order of December 13, 2011, in Sconiers v. Fresno County Superior Court (Case No.

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1:11-cv-00113-LJO-SMS), which declared Plaintiff Janetta Sconiers a vexatious litigant and

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ordered pre-filing review of any complaint, motion, or other legal document lodged with this

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Court, the undersigned has reviewed Plaintiff’s January 19, 2012 motion and finds it to be

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frivolous and malicious in that its purpose is to challenge this Court’s authority and to litigate

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matters that Plaintiff Sconiers was foreclosed from litigating in Sconiers v. Fresno County

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Superior Court (Case No. 1:11-cv-00113-LJO-SMS). Even if the motion properly concerned

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this matter, it is untimely since Plaintiff seeks to bring it more than one year after the entry of

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judgment in this matter. F.R.Civ.P. 60(c)(1). Finally, the judgment in this matter is not subject to

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reconsideration under F.R.Civ.P. 60(b) since Plaintiff previously appealed it to the United States

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Court of Appeals for the Ninth Circuit, which affirmed the judgment on November 30, 2010.

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For the above reasons, this Court hereby STRIKES the motion, filed January 19, 2012, as
frivolous and malicious.

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IT IS SO ORDERED.

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Dated:
b9ed48

January 23, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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