Rodriguez v. County of Alameda

Filing 28

ORDER RE: PLAINTIFF'S LETTER FILED APRIL 4, 2012; DENYING RECONSIDERATION OF ORDER DENYING RECONSIDERATION OF ORDER DISMISSING ACTION. Signed by Judge Maxine M. Chesney on April 19, 2012. (mmclc1, COURT STAFF) (Filed on 4/19/2012) (Additional attachment(s) added on 4/19/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ALVARO C. RODRIGUEZ, No. C-04-5196 MMC For the Northern District of California United States District Court 10 Plaintiff, ORDER RE: PLAINTIFF’S LETTER FILED APRIL 4, 2012; DENYING RECONSIDERATION OF ORDER DENYING RECONSIDERATION OF ORDER DISMISSING ACTION 11 v. 12 COUNTY OF ALAMEDA, et al., 13 Defendants 14 / 15 By order filed February 23, 2005, the Court dismissed the above-titled action, 16 without prejudice to plaintiff’s refiling his claims in a new complaint, in the event plaintiff’s 17 1993 conviction eventually were overturned or otherwise invalidated; that same date, the 18 Clerk of the Court entered judgment on the Court’s order of dismissal. By order filed March 19 29, 2012, the Court denied plaintiff’s motion for reconsideration of the Court’s February 23, 20 2005 order and the judgment entered thereon. 21 The Court is now in receipt of a letter from plaintiff, filed April 4, 2012, which letter 22 includes the title “Judgment or Order issued on March 29, 2012 is Void Ab initio.” The 23 Court construes the letter as a motion for reconsideration of the Court’s March 29, 2012 24 order. So construed, the motion is hereby DENIED, as plaintiff has failed to show any 25 cognizable basis for reconsideration exists. See Fed. R. Civ. P. 60(b). 26 IT IS SO ORDERED. 27 28 Dated: April 19, 2012 MAXINE M. CHESNEY United States District Judge

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