Barroga v. Board of Administration Cal Public Employees' Retirement System

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 09/26/17. DENYING 52 Motion for New Judgment; this matter will remain closed. Any future motions filed in this court, related to this matter will be summarily dismissed. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUCIO A. BARROGA,

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Plaintiff,

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No. 2:12-cv-01179-MCE-KJN (PS)

v.

ORDER

BOARD OF ADMINISTRATION CAL
PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM,

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Defendant.

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On July 20, 2017, plaintiff filed a motion for new judgment. (ECF No. 52.) Previously,

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on December 19, 2012, this case was dismissed with prejudice by District Court Judge Morrison

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C. England, Jr., on grounds of Eleventh Amendment immunity. (ECF No. 45.) Plaintiff

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subsequently appealed the decision to the Ninth Circuit Court of Appeals. (ECF No. 47.) On

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June 18, 2014, a three judge panel of the Ninth Circuit affirmed Judge England’s decision. (ECF

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No. 50.) Final judgement against plaintiff took effect on November 13, 2014. (ECF No. 51.)

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Thus, there are no grounds for a new judgment in this court. Plaintiff’s motion is denied, and this

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matter will remain closed. Any future motions filed in this court, related to this matter will be

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summarily dismissed.

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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IT IS SO ORDERED.

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Plaintiff’s motion for new judgment (ECF No. 52) is DENIED.

Dated: September 26, 2017

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14/ps.12-1179.barroga.denial motion for new judgment

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