Plitt v. Gonzalez, et al.

Filing 57

ORDER GRANTING 54 Defendants' Motion to Strike Plaintiff's Rule 60(b) Motion and ORDER STRIKING 52 Plaintiff's Motion signed by Chief Judge B. Lynn Winmill on 1/10/2013. (Jessen, A)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

BRYANT W. PLITT,
Case No. 1:08-cv-01352-BLW-LMB
Plaintiff,
ORDER
v.

FRESNO POLICE OFFICER R.
GONZALEZ, et al.,
Defendants.

Pending before the Court are Plaintiff’s Rule 60(b) Motion, filed during the
pendency of his appeal (Dkt. 52), and Defendants’ Motion to Strike Plaintiff’s
Rule 60(b) Motion. (Dkt. 54.) The United States Court of Appeals for the Ninth
Circuit indicated that, if Plaintiff desired to file a timely Rule 60(b) motion, he
could file a new motion to stay the appellate proceedings. (Dkt. 50.) This Court
issued instructions for the filing of the Motion on October 4, 2012. (Dkt. 56.) The
Docket does not indicate that Plaintiff has filed a new motion to stay in the
appellate court after that date. Accordingly, IT IS ORDERED that Defendants’
Motion to Strike Plaintiff’s Rule 60(b) Motion (Dkt. 54) is GRANTED, and
ORDER - 1

Plaintiff’s Rule 60(b) Motion (Dkt. 52) is STRICKEN, on grounds of lack of
jurisdiction.
DATED: January 10, 2013

Honorable B. Lynn Winmill
Chief U. S. District Judge

ORDER - 2