Petersen v. California Special Education Hearing Office McGeorge School of Law et al

Filing 141

ORDER DENYING PLAINTIFFS "MOTION RE: F.R.C.P. 52(b), RE: AMEND FINDINGS OF COURT, MAKE ADDITIONAL FINDINGS OF COURT, AMEND JUDGMENT OF 8/1/08 ACCORDINGLY" re 122 . The Court informs plaintiff that he is not to file any further documents i n this case; if plaintiff pursues the appeal, all documents shall be filed with the 9th Circuit Court of Appeals. If plaintiff files any further frivolus pleadings with this Court, plaintiff will be subject to sanctions. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 10/7/2008) (Additional attachment(s) added on 10/14/2008: # 1 ps) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL PETERSEN, et al., v. Plaintiffs, No. C 07-2400 SI ORDER DENYING PLAINTIFFS' "MOTION RE: F.R.C.P. 52(b), RE: AMEND FINDINGS OF COURT, MAKE ADDITIONAL FINDINGS OF COURT, AMEND JUDGMENT OF 8/1/08 ACCORDINGLY" CALIFORNIA SPECIAL EDUCATION HEARING OFFICE MCGEORGE SCHOOL OF LAW, et al., Defendants. / On August 1, 2008, the Court granted defendants' motion for summary judgment and denied defendants' motion to declare plaintiff Michael Petersen a vexatious litigant, and entered judgment in favor of defendants. On August 11, 2008, plaintiff Michael Petersen filed a "Motion Re: F.R.C.P. 52(b), Re: Amend Findings of Court, Make Additional Findings of Court, Amend Judgment of 8/1/08 Accordingly." (Docket No. 122). Plaintiff's motion requests various forms of relief, including educational services for his son, a settlement conference, and "judicial notice." On August 29, 2008, plaintiff filed a Notice of Appeal with the Ninth Circuit Court of Appeals. The Court DENIES plaintiff's motion as frivolous and evidencing a complete lack of understanding of the litigation process. Plaintiff lost this case, and plaintiff's remedy, if any, lies now with the Court of Appeals. Throughout this case plaintiff has repeatedly filed frivolous motions and failed to comply with the Federal Rules of Civil Procedure. The Court hereby informs plaintiff that he is not to file any further documents in this case; if plaintiff pursues the appeal, all documents shall be filed with the Ninth Circuit Court of Appeals. If plaintiff files any further frivolous pleadings with this Court, plaintiff will be subject to sanctions. IT IS SO ORDERED. Dated: October 7, 2008 SUSAN ILLSTON United States District Judge

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