Wilkins v. Gonzalez, et al.

Filing 74

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/7/23 DENYING 73 plaintiff's Request for Relief from 72 Order. (Kastilahn, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

Keenan Wilkins,

11
12
13

No. 2: 16-cv-00347 KJM KJN P
Plaintiff,

ORDER

v.
Paul Gonzales, et al.,

14

Defendants.

15
16
17
18
19

Plaintiff Keenan Wilkins requests relief under Federal Rule of Civil Procedure (FRCP) 60.

20

ECF No. 73. While a court may relieve a party from an order under Rule 60 of the Federal Rules

21

of Civil Procedure for “mistake, inadvertence, fraud, or excusable neglect” or for “any other

22

reason that justifies relief,” Fed. R. Civ. P. 60(b)(1), (b)(6), plaintiff has provided no legitimate

23

justification to reopen this case and does not point to any new evidence or law supporting his

24

argument. In particular, the cases plaintiff cites do not stand for the proposition he qualifies for

25

refund of his filing fee given the revocation of in forma pauperis status. ECF No. 72 at 4. Thus,

26

the court denies the motion. See generally Fed. R. Civ. P. 60(b) (enumerating grounds for relief

27

from judgment); see also Prior Order (May 4, 2018), ECF No. 68; Prior Order (July 11, 2023),

28

ECF No. 72.
1

1

This order resolves ECF No. 73.

2

IT IS SO ORDERED.

3

DATED: August 7, 2023.

4
5

2