Rodriguez v. County of Alameda

Filing 26

ORDER RE: PLAINTIFF'S NOTICE; DENYING RECONSIDERATION OF ORDER DISMISSING ACTION. Signed by Judge Maxine M. Chesney on March 29, 2012. (mmclc1, COURT STAFF) (Filed on 3/29/2012) (Additional attachment(s) added on 3/29/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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ALVARO C. RODRIGUEZ,
Plaintiff,

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No. C-04-5196 MMC
ORDER RE: PLAINTIFF’S NOTICE;
DENYING RECONSIDERATION OF
ORDER DISMISSING ACTION

v.
COUNTY OF ALAMEDA, et al.,
Defendants

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By order February 23, 2005, the Court dismissed the above-titled action, without

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prejudice to plaintiff’s refiling his claims in a new complaint, in the event plaintiff’s 1993

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conviction was overturned or otherwise invalidated. That same date, the Clerk of the Court

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entered judgment on the Court’s order of dismissal.

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The Court is in receipt of a document titled “Notice To The Court,” filed March 27,

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2012 by plaintiff. In light of plaintiff’s having subtitled said filing “Judgment or Order Void on

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Its Face,” and having cited therein Rule 60(b)(4) of the Federal Rules of Civil Procedure,

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the Court construes the filing to be a motion for reconsideration of the Court’s February 23,

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2005 order and the judgment entered thereon.

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So construed, the motion is hereby DENIED, as plaintiff has failed to show any

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cognizable basis for reconsideration. Indeed, as plaintiff’s exhibits demonstrate, plaintiff

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attempted to set aside his 1993 conviction in 2005, but was unsuccessful. (See Pl.’s

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Notice Ex. L.) Moreover, a district court lacks jurisdiction to review the propriety of the

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state court’s decision denying plaintiff relief from the 1993 conviction. See Henrichs v.

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Valley View Dev., 474 F.3d 609, 613 (9th Cir. 2007) (holding district courts “lack jurisdiction

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to exercise appellate review over final state court judgments”).

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IT IS SO ORDERED.

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Dated: March 29, 2012
MAXINE M. CHESNEY
United States District Judge

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