Thomas v. Superior Court of California, Imperial County

Filing 13

ORDER signed by District Judge Morrison C. England, Jr. on 4/19/2018 DENYING 12 Motion to vacate or set aside judgment. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALDEN A. THOMAS,

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Plaintiff,

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No. 2:17-cv-2408 MCE AC P

v.

ORDER

SUPERIOR COURT OF CALIFORNIA,
IMPERIAL COUNTY,
Defendant.

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On February 21, 2018,1 plaintiff, a state prisoner proceeding pro se, filed a request for

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relief from a judgment pursuant to Federal Rule of Civil Procedure 60. EFC No. 12. He seeks

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relief from the District Court’s judgment entered on January 5, 2018. EFC Nos. 7, 8.

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“Rule 60(b) enumerates specific circumstances in which a party may be relieved of the

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effect of a judgment, such as mistake, newly discovered evidence, fraud, and the like. The Rule

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concludes with a catchall category—subdivision (b)(6)—providing that a court may lift a

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judgment for ‘any other reason that justifies relief.’ Relief is available under subdivision (b)(6),

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however, only in ‘extraordinary circumstances.’” Buck v. Davis, 137 S. Ct. 759, 771-72 (2017).

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In his motion, plaintiff asserts that this court should grant relief from judgment entered in

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plain error and refers to his filed objections (EFC No. 6). EFC No. 12. He then reiterates the
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Since plaintiff is a prisoner proceeding pro se, he is afforded the benefit of the prison mailbox
rule. Houston v. Lack, 487 U.S. 266, 276 (1988).
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arguments he made in his objections (EFC No. 12), which have already been considered by the

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court (ECF No. 7). Plaintiff’s request for relief will therefore be denied because he has failed to

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demonstrate any mistake, newly discovered evidence, or fraud as required by Federal Rule of

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Civil Procedure 60(b).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to vacate or set aside
judgement (ECF No. 12) is denied.
IT IS SO ORDERED.
Dated: April 19, 2018

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