Hoffmann v. California Correctional Health Care Services et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 6/25/2018 DENYING plaintiff's 13 request for leave to file new evidence. Plaintiff is ADVISED that any further documents filed under this case number will be DISREGARDED, and that no orders will issue in response to future filings. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMANN,

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Plaintiff,

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No. 2:16-cv-1691 MCE AC P

v.

ORDER

CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,
Defendants.

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On June 7, 2018, plaintiff filed a request to file a motion pursuant to Federal Rule of Civil

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Procedure 60(b) on grounds of new evidence and abuse of discretion. See ECF No. 13. For the

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reasons stated herein, this request will be denied.
This civil rights action was closed and judgment was entered on April 19, 2017. See ECF

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Nos. 11, 12. Federal Rule of Civil Procedure 60(c)(1) requires that a Rule 60(b) motion based

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upon new evidence be made within a reasonable time which, in this instance, should have been

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within a year after the entry of judgment. See Fed. R. Civ. Proc. 60(c)(1). Thus, this request is

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not timely.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for leave to file new
evidence (ECF No. 13) is DENIED.
Plaintiff is advised that any further documents filed under this case number will be

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disregarded, and that no orders will issue in response to future filings.

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DATED: June 25, 2018.

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