Hayes v. Stewart et al

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/24/2011 DENYING pltf's 9 motion for relief from judgment. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY C. HAYES,
Plaintiff,

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vs.
RODERICK STEWART, et al.,
Defendants.

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ORDER
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No. CIV S-09-2201 EFB P

Plaintiff is a prisoner without counsel. This case is before the undersigned pursuant to

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plaintiff’s consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On

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March 24, 2010, the court dismissed this action because he was barred from proceeding in forma

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pauperis pursuant to 28 U.S.C. § 1915A and had failed to pay the filing fee for this action as

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directed by the court. Dckt. No. 7. Judgment was entered accordingly. Dckt. No. 8. On May

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11, 2011, plaintiff submitted a motion for relief from judgment based on excusable neglect.

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Dckt. No. 9.

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Rule 60(b) of the Federal Rules of Civil Procedure provides as follows:

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On motion and just terms, the court may relieve a party or its legal representative
from a final judgment, order, or proceeding for the following reasons: (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

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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.

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Plaintiff does not demonstrate he is entitled to relief from judgment.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 11, 2011 motion for relief

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from judgment, is denied.

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Dated: May 24, 2011.

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