Davis v. Rackley et al

Filing 32

ORDER signed by District Judge Troy L. Nunley on 6/20/2023 DENYING plaintiff's 31 letter construed as a motion for relief from judgment pursuant to Rule 60(b). (Yin, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBBIE DAVIS,

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No. 2:18-cv-00090-TLN-EFB
Plaintiff,

v.

ORDER

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R. RACKLEY, Warden, et al.,

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Defendants.

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On March 26, 2020, the Court dismissed this action as barred by the statute of limitations

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and the Clerk of the Court entered judgment. (ECF Nos. 26, 27.) Presently before the Court is

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Plaintiff’s May 18, 2023 letter, requesting that the Court allow his case to move forward. (ECF

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No. 31.) Plaintiff previously filed such a request, which the Court construed as a motion for

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reconsideration under Federal Rule of Civil Procedure 60(b). (ECF Nos. 28, 29, 30.) That

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motion was denied by order filed December 14, 2020. (ECF No. 30.) Like the prior motion, the

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instant request is construed as a motion for reconsideration under Rule 60(b). So construed, the

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motion is hereby DENIED.

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Rule 60(b) provides for reconsideration of a final judgment where one of more of the

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following is shown: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly

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discovered evidence which, with reasonable diligence, could not have been discovered within

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twenty-eight days of entry of judgment; (3) fraud, misrepresentation, or misconduct of an
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opposing party; (4) voiding of the judgment; (5) satisfaction of the judgment; and (6) any other

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reason justifying relief. Fed. R. Civ. P. 60(b). In the instant motion, Plaintiff repeats arguments

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previously raised and rejected by the Court and does not address or otherwise meet the Rule 60(b)

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standards.

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Accordingly, Plaintiff’s May 18, 2023 letter, construed as a motion for relief from
judgment pursuant to Rule 60(b) (ECF No. 31), is DENIED.
IT IS SO ORDERED.
Date: June 20, 2023

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Troy L. Nunley
United States District Judge

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