Young v. Parks et al

Filing 41

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/2/2011 ORDERING that pltf's 40 motion for relief from judgment, pursuant to Rule 60(b), is DENIED; the clerk is ORDERED NOT TO FILE any further documents in this case. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

EDDIE YOUNG,
Plaintiff,

11
12

vs.

13

No. CIV S-09-0336 GEB GGH P

S. PARKS, et al.,
Defendants.

14

ORDER
/

15

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §

16
17

1983. On April 7, 2011, the court adopted the findings and recommendations and dismissed this

18

case. On April 25, 2011, plaintiff brought a motion for relief from judgment, pursuant to Fed. R.

19

Civ. P. 60(b).

20

Under Rule 60(b), a party may seek relief from judgment and to re-open his case

21

in limited circumstances, “including fraud, mistake, and newly discovered evidence.” Gonzalez

22

v. Crosby, 545 U.S. 524, 528, 125 S. Ct. 2641, 2645-46 (2005). Rule 60(b) provides in relevant

23

part:

24
25
26

On motion and upon such terms as are just, the court may relieve a
party ... from a final judgment, order, or proceeding for the
following reasons: (1) mistake, inadvertence, surprise, or excusable
neglect; (2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial
1

5

under Rule 59(b); (3) fraud ..., misrepresentation, or misconduct of
an adverse party; (4) the judgment is void; (5) the judgment has
been satisfied, released, or discharged, or a prior judgment upon
which it is based has been reversed or otherwise vacated, or it is no
longer equitable that the judgment should have prospective
application; or (6) any other reason justifying relief from the
operation of the judgment. The motion shall be made within a
reasonable time, and for reasons (1), (2), and (3) not more than one
year after the judgment, order, or proceeding was entered or taken.

6

“Motions for relief from judgment pursuant to Rule 60(b) of the Federal Rules of

7

Civil Procedure are addressed to the sound discretion of the district court.” Allmerica Financial

8

Life Insurance and Annunity Company v. Llewellyn,139 F.3d 664, 665 (9th Cir. 1997).

1
2
3
4

The court has reviewed plaintiff’s motion and finds that plaintiff has added

9
10

nothing new or substantive that was not previously before the court, nor does he demonstrate any

11

basis for the court to find that the judgment was mistaken. To the extent plaintiff objects to not

12

being able to file objections to the findings and recommendations despite being given an

13

extension, for the reasons stated in the magistrate judge’s March 30, 2011, order denying a

14

second extension plaintiff has filed many appeals and motions for reconsideration regarding the

15

issues in this case over the last two years and all have been denied. Plaintiff is simply trying to

16

continue this litigation which will no longer be allowed.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for relief from

17
18

judgment, pursuant to Rule 60(b), (Doc. 40) is denied. The Clerk is ordered not to file any

19

further documents in this case.

20

DATED: May 2, 2011
/s/ Gregory G. Hollows

21
U.S. MAGISTRATE JUDGE
22
23

youn0336.60b

24
25
26
2