Blackshire v. Sacramento Regional Transit
ORDER signed by Magistrate Judge Allison Claire on 9/18/17: The court DENIES 7 MOTION for relief from judgment. (Kaminski, H)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO REGIONAL TRANSIT,
This matter is before the court on plaintiff’s request for hearing. ECF No. 7. Plaintiff is
proceeding in this matter pro se, and accordingly this motion was referred to the undersigned
pursuant to Local Rule 302(c)(21). The court construes plaintiff’s request as a motion for relief
from judgment pursuant to Federal Rule of Civil Procedure 60. For the reasons that follow,
plaintiff’s request is DENIED.
RELEVANT FACTUAL AND PROCEDURAL HISTORY
Plaintiff filed his complaint on October 10, 2016, along with an application to proceed In
Forma Pauperis (“IFP”). ECF No. 1. The undersigned granted plaintiff’s motion to proceed IFP
and provided findings and recommendations to the district judge in this case recommending that
the complaint be dismissed with prejudice on the grounds of res judicata. ECF No. 3. Plaintiff
filed objections to the findings and recommendations. ECF No. 4. On January 6, 2017, the
district judge adopted the findings and recommendations, ordering the case dismissed with
prejudice. ECF No. 5. Judgment was entered that same day. ECF No. 6.
On July 24, 2017, plaintiff filed a motion titled “Request for Hearing.” ECF No. 7. The
motion asks the court to re-open the case. Id. The court construes the filing as a motion for relief
from judgment pursuant to Fed. R. Civ. P. 60.
Rule 60(b) provides for reconsideration of a final judgment or any order where one of
more of the following is shown: (1) mistake, inadvertence, surprise, or excusable neglect; (2)
newly discovered evidence which, with reasonable diligence, could not have been discovered
within twenty-eight days of entry of judgment; (3) fraud, misrepresentation, or misconduct of an
opposing party; (4) voiding of the judgment; (5) satisfaction of the judgment; and (6) any other
reason justifying relief. Fed. R. Civ. P. 60(b). A motion for reconsideration on any of these
grounds must be brought within a reasonable time, and no later than one year, of the entry of the
judgment or the order being challenged. Id. Plaintiff has not argued any of these grounds for
relief from judgment. Relief from judgment is not warranted, and this court’s prior entry of
judgment is final.
For the reasons stated above, the court DENIES plaintiff’s motion, ECF No. 7.
IT IS SO ORDERD.
DATED: September 18, 2017
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