Pierce v. Sacramento News and Review, et al.

Filing 18

ORDER signed by District Judge John A. Mendez on 10/27/16 ORDERING that plaintiff's Rule 60(b) motion (ECF No. 14 ) is denied. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SEAVON PIERCE,

12
13
14
15
16
17

No. 2:15-cv-2691-JAM-EFB P

Plaintiff,
v.

ORDER

SACRAMENTO NEWS AND REVIEW,
et al.,
Defendants.
Plaintiff Seavon Pierce is a state prisoner proceeding without counsel in a civil action. On

18

August 25, 2016, the court dismissed this action without prejudice after determining that plaintiff

19

was ineligible to proceed in forma pauperis and had not paid the required filing fee. ECF No. 12.

20

Judgment was duly entered. ECF No. 13. Plaintiff now seeks relief from judgment pursuant to

21

Rule 60(b) of the Federal Rules of Civil Procedure. ECF No. 14.

22

Rule 60(b) provides:

23

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
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.

24
25
26
27
28

1

1
2

Fed. R. Civ. P. 60(b).

3

Plaintiff has not shown that the judgment entered against him was the result of excusable

4

neglect or fraud, nor has he shown any other reason that would warrant relief from the judgment

5

entered herein.

6

Accordingly, IT IS HEREBY ORDERED that plaintiff’s Rule 60(b) motion (ECF No.14)

7

is denied.

8

DATED: October 27, 2016

9
10

/s/ John A. Mendez_________________________
UNITED STATES DISTRICT COURT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2