Thornton v. West et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/10/2012, DENYING plaintiff's 10 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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WADE THORNTON,
Plaintiff,
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No. 2:11-cv-0875 EFB P
vs.
CRAIG WEST, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner without counsel. This case is before the undersigned pursuant
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to plaintiff’s consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
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On April 9, 2012, the court dismissed this action because after dismissing the original complaint
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with leave to amend for failure to state a claim, plaintiff failed to file an amended complaint or
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otherwise respond to the court’s order. Dckt. No. 8. Judgment was entered accordingly. Dckt.
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No. 9. On May 16, 2012, plaintiff submitted a motion for relief from judgment. Dckt. No. 10.
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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
extrinsic), misrepresentation, or misconduct by an opposing party; (4) the
judgment is void; (5) the judgment has been satisfied, released or discharged; it is
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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’s motion neither addresses the deficiencies in the complaint identified by the court nor
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demonstrates that he is entitled to relief from judgment.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for relief from judgment
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(Dckt. No. 10), is denied.
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Dated: August 10, 2012.
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