Jackson v. Yates et al

Filing 244

ORDER DENYING Plaintiff's Second 243 Motion for Relief from Judgment signed by Magistrate Judge Barbara A. McAuliffe on 9/28/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS RENEE JACKSON,

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Plaintiff,

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ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR RELIEF FROM JUDGMENT

v.

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Case No. 1:11-cv-00080-BAM (PC)

MENDEZ, et al.,

(ECF No. 243)

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Defendants.

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Plaintiff Curtis Renee Jackson (“Plaintiff”) is a state prisoner who proceeded pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. All parties consented to

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Magistrate Judge jurisdiction in this case. (ECF No. 177.)

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Following a jury trial in which a verdict for the defense was reached, judgment was

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entered on December 7, 2015. (ECF No. 214.) Plaintiff appealed, and the decision was affirmed

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by the United States Court of Appeals for the Ninth Circuit on June 1, 2018. (ECF No. 235.) The

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Ninth Circuit issued its mandate on September 10, 2018. (ECF No. 239.)
On August 31, 2020, Plaintiff filed a motion which the Court construed as a motion for

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relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). (ECF No. 241.) Finding

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no basis for reopening this action and overturning the jury’s verdict, the motion was denied on

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September 14, 2020. (ECF No. 242.)

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Currently before the Court is Plaintiff’s filing of September 24, 2020, which appears to be

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largely a photocopy of his prior motion for relief from judgment. (ECF No. 243.) As the motion

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raises the same arguments previously rejected, the motion is denied for the reasons discussed in

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the Court’s September 14, 2020 order. The Court will not entertain another motion to reconsider

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this judgment based on arguments Plaintiff has repeatedly presented and the Court has rejected,

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and future motions made on the same grounds will be summarily denied.

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Accordingly, Plaintiff’s second motion for relief from judgment, (ECF No. 243), is
HEREBY DENIED. This action remains closed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 28, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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