Coleman v. Chertoff

Filing 8

ORDER re 7 Notice of Appeal filed by John Coleman. Signed by Judge Edward M. Chen on 10/20/08. (bpf, COURT STAFF) (Filed on 10/20/2008)

1 2 3 4 5 6 7 8 9 10 v. MICHAEL CHERTOFF, Secretary, Department of Homeland Security, Defendant. ___________________________________/ JOHN COLEMAN, Plaintiff, No. C-08-3921 EMC ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OR RELIEF FROM JUDGMENT; AND DEEMING PLAINTIFF'S LETTER AS NOTICE OF APPEAL (Docket #7) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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Previously, the Court granted Plaintiff John Coleman's application to proceed in forma pauperis but dismissed the action for failure to state a claim for which relief may be granted. More specifically, the Court held that Mr. Coleman's lawsuit was barred by the doctrine of res judicata. Mr. Coleman has now filed with the Court a letter, dated October 15, 2008. In his letter, Mr. Coleman makes various arguments as to the merits of his claim but does not address the Court's conclusion that his cases is precluded on the grounds of res judicata. /// /// /// /// ///

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To the extent that Mr. Coleman is asking the Court to reconsider its prior order or to give him relief from the judgment, the request is DENIED. The Court, however, shall deem Mr. Coleman's letter as a notice of appeal.

IT IS SO ORDERED.

Dated: October 18, 2008 ____________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

11
For the Northern District of California

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1 2 3 4 5 6 7 8 9 10 v. MICHAEL CHERTOFF, Secretary, Department of Homeland Security, Defendant. ___________________________________/ JOHN COLEMAN, Plaintiff, CERTIFICATE OF SERVICE No. C-08-3921 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern District of California. On the below date, I served a true and correct copy of the attached, by placing said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery receptacle located in the Office of the Clerk.

John W. Coleman P.O. Box 996 Alameda, CA 94501 Dated: October 20, 2008

(also enclosed court notice re Legal Help Center)

RICHARD W. WIEKING, CLERK

By:

Betty Fong Deputy Clerk