Sconiers v. Smith et al
Filing
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ORDER STRIKING Plaintiff's 12 Motion for Relief from Judgment signed by Chief Judge Anthony W. Ishii on 1/23/2012. (Figueroa, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JANETTA SCONIERS,
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CASE NO. 1:10-cv-01130-AWI-SMS
Plaintiff,
ORDER STRIKING PLAINTIFF’S MOTION
FOR RELIEF FROM JUDGMENT
v.
M. BRUCE SMITH, et al.,
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Defendants.
(Doc. 12)
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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 August 23, 2010 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). Plaintiff alleges no new facts relevant to
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this matter. Even if the motion properly concerned this matter, it is untimely since Plaintiff seeks
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to bring it more than one year after the entry of judgment in this matter. F.R.Civ.P. 60(c)(1).
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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:
0m8i78
January 23, 2012
CHIEF UNITED STATES DISTRICT JUDGE
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