(PC) Winston v. Homes et al

Filing 15

ORDER DENYING Plaintiff's 14 Motion for Relief Under Rule 60 signed by District Judge Jennifer L. Thurston on 1/7/2025. Filing Fee Due within Thirty (30) Days. (Deputy Clerk SSA)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LEANTHONY T. WINSTON,

12
13
14

Plaintiff,

Case No. 1:24-cv-00824 JLT HBK (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RELIEF UNDER RULE 60

v.
(Doc. 14)
LT. HOMES, OFFICER GONZALES, and
OFFICER KANTUA,

15
Defendants.
16
17

LeAnthony T. Winston seeks to hold the defendants liable for violations of his civil rights

18

while housed at United States Penitentiary, Atwater. (See generally Doc. 1.) While the matter is

19

pending screening, Plaintiff filed a motion entitled “Rule 60(b) Fed. R. Civ. P., Motion for Relief

20

From Judgment.” (Doc. 14.) Pursuant to Federal Rule of Civil Procedure 60(b), the Court may

21

order relief from a final judgment, order, or proceeding for the following reasons:

22
23
24
25
26

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not
have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic)
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on
an earlier judgment that has been reversed or vacated; or applying it
prospectively is no longer equitable; or
(6) any other reason that justifies relief.

27
28

Fed. R. Civ. P. 60.

1

In the motion for relief, Plaintiff refers to both state and federal court orders that are not a

2

part of this case. (See, e.g., Doc. 14 at 3.) In fact, Plaintiff does not cite any order issued in this

3

case, which he initiated on July 17, 2024. The only actions taken by the Court in this action relate

4

to the denial of Plaintiff’s application to proceed in forma pauperis. The Court cannot reasonably

5

infer that Plaintiff’s motion seeks relief under Rule 60(b) of the order denying his application to

6

proceed in forma pauperis, because Plaintiff dated this motion October 28, 2024 (id. at 6), and it

7

entered in the prison mail system before the Court issued its order on October 31, 2024. Because

8

it appears Plaintiff seeks only relief from orders in different matters, this Court has no grounds to

9

provide the requested relief under Rule 60(b). Rather, such relief must be requested in the proper

10

actions and before the proper court(s) with jurisdiction over the identified actions. Thus, the

11

Court ORDERS:

12

1. Plaintiff’s motion for relief under Rule 60 (Doc. 14) is DENIED.

13

2. Plaintiff SHALL pay the filing fee in full within 30 days of the date of service of this

14

order.

15

Plaintiff is again advised that failure to pay the required filing fee as ordered will result

16

in the dismissal of this action without prejudice.

17
18
19

IT IS SO ORDERED.
Dated:

January 7, 2025

20
21
22
23
24
25
26
27
28
2