Lipsey v. Reddy et al

Filing 84

ORDER Denying Plaintiff's 83 Motion Pursuant to Federal Rule of Civil Procedure 60(b) and Request for Civil Penalties and/or Exemplary Damages, signed by Chief Judge Lawrence J. O'Neill on 6/12/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff,

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v.
DR. REDDY, et al.,

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Defendants.

Case No. 1:17-cv-00569-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 60(b) AND REQUEST FOR
CIIVL PENALTIES AND/OR EXEMPLARY
DAMAGES
(ECF No. 83)

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Plaintiff Christopher Lipsey, Jr. filed the instant 42 U.S.C. § 1983 action on April 24, 2017.

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(ECF No. 1.) On March 6, 2019, the undersigned issued an order adopting the Magistrate Judge’s

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Findings and Recommendations in full, granting Defendants Hernandez’s, Celedon’s, and

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Mancilla’s motion for summary judgment for failure to exhaust administrative remedies, and

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entering judgment in favor of all Defendants. (ECF Nos. 74, 75.) On April 1, 2019, Plaintiff filed

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a notice of appeal of the Court’s March 6, 2019 order. (ECF No. 80.)

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Currently before the Court is Plaintiff’s motion pursuant to Federal Rule of Civil Procedure

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60(b)(2)-(3) and request for civil penalties and/or exemplary damages, filed on June 7, 2019. (ECF

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No. 83.)

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However, since Plaintiff’s Rule 60(b) motion was filed after the notice of appeal was filed,

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this Court lacks jurisdiction to entertain Plaintiff’s Rule 60(b) motion. Williams v. Woodford, 384

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F.3d 567, 586 (9th Cir. 2002); see also Estrada v. Clines, 559 F. App’x 652, 652-53 (9th Cir. 2014).
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Accordingly, Plaintiff’s motion pursuant to Rule 60(b) and request for civil penalties and/or

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exemplary damages, (ECF No. 83), is HEREBY DENIED for lack of jurisdiction.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 12, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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