Fourstar v. Copenhaver

Filing 33

ORDER DENYING 31 Motion to Alter or Amend Judgment Under FRCP 60, signed by Magistrate Judge Barbara A. McAuliffe on 9/1/15. (Martin-Gill, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 VICTOR FOURSTAR, 7 Plaintiff, 8 9 v. No. 1:14-cv-01456-BAM HC ORDER DENYING MOTIONS TO ALTER OR AMEND JUDGMENT UNDER F.R.Civ.P. 60 PAUL COPENHAVER,WARDEN, 10 Defendant. (Doc. 31) 11 12 13 14 15 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254,1 moves to alter or amend, pursuant to F.R.Civ.P. 59, an unspecified judgment. The motion references multiple actions, related and unrelated to the above-captioned case, without specifically identifying the actions referenced. The motion is too vague and the assertions too confused to allow the Court to evaluate whether Petitioner possibly states any cognizable basis for relief. 18 19 20 Further, no judgment has yet been entered in this action. To the extent that Petitioner simply intends to restate the basis of his pending petition for writ of habeas corpus, the Court will address the petition in due course. 21 The motion to alter or amend judgment is hereby DENIED. 22 23 IT IS SO ORDERED. 24 Dated: /s/ Barbara September 1, 2015 25 A. McAuliffe UNITED STATES MAGISTRATE JUDGE 26 27 1 28 _ Pursuant to 28 U.S.C. § 636(c)(1), both parties consented, in writing, to the jurisdiction of a United States Magistrate Judge to conduct all further proceedings in this case, including the entry of final judgment. 1

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