Sinclair v. City of Sacramento

Filing 13

ORDER Re 12 Plaintiff's Brief of February 12, 2014. Signed by Judge Edward M. Chen on 2/27/2014. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 2/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT A. SINCLAIR,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-07-5668 EMC

CITY OF SACRAMENTO,

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ORDER RE PLAINTIFF’S BRIEF OF
FEBRUARY 12, 2014

Defendant.
___________________________________/

(Docket No. 12)
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Plaintiff Robert A. Sinclair, proceeding pro se, initiated this lawsuit in November 2007 but

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approximately a month later voluntarily dismissed his case. See Docket Nos. 6-7 (notices of

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dismissal, filed on 12/12/2007 and 12/14/2007). The dismissal was without prejudice. See Fed. R.

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Civ. P. 41(a)(1).

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On September 1, 2009, almost two years after the dismissal, the Court received two e-mail

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communications from Mr. Sinclair, in which he appeared to be seeking relief from the Court in spite

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of his earlier dismissal. The Court construed the e-mail communications as a motion to reopen the

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case, or a motion for relief from final judgment, pursuant to Federal Rule of Civil Procedure 60(b).

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It then denied the motion for several reasons – one of which was the fact that the only defendant in

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the case was the City of Sacramento, which is not within the Northern District of California but

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rather the Eastern District of California. See Docket No. 8 (order).

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Now, more than four years later, the Court has received a letter from Mr. Sinclair in which

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he asks the Court to obtain for him what appear to be state court records as well as police records

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related to what he asserts was a false arrest. As the Court has previously informed Mr. Sinclair,

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even if a federal court could provide him with the relief that he seeks, this Court is not the correct

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court to petition for relief given that he is suing the City of Sacramento. Sacramento is located

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within the Eastern District of California; this Court has jurisdiction in the Northern District of

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California only.

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For the foregoing reasons, Mr. Sinclair’s request for relief is denied.

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IT IS SO ORDERED.

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Dated: February 27, 2014
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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