Moye v. Myriad Ventures Inc. et al

Filing 17

ORDER DENYING EX PARTE APPLICATION FOR PERMISSION TO FILE MOTION FOR RECONSIDERATION. Signed by Judge Alsup on November 16, 2009. (whalc2, COURT STAFF) (Filed on 11/16/2009) (Additional attachment(s) added on 11/17/2009: # 1 Certificate of Service) (dt, COURT STAFF).

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United States District Court

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For the Northern District of California

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MALINKA TACUMA WADE MOYE, Plaintiff, v. MYRIAD VENTURES INC. D/B/A BAY CAR STEREO, Defendant. /

No. C-09-03899 WHA

ORDER DENYING EX PARTE APPLICATION FOR PERMISSION TO FILE MOTION FOR RECONSIDERATION

Plaintiff's complaint in this action was dismissed without leave to amend for lack of subject matter jurisdiction and failure to state a claim. Judgment has been entered. Plaintiff, acting pro se, now has filed an ex parte application for permission to file a motion for reconsideration. It consists of incomplete and ungrammatical sentences, is difficult to understand, and does not comprehensibly state any basis for reconsideration. Plaintiff's motion is untimely because pursuant to Civil Local Rule 7-9 a motion for reconsideration must be brought before the entry of judgment. Furthermore, for the same reasons explained in the order of dismissal, plaintiff still has not pleaded any facts establishing subject matter jurisdiction in this matter. The federal statutes cited by plaintiff are not ones that give rise to private civil claims and no facts allege the citizenship of the various parties such that

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diversity jurisdiction can be established. Plaintiff's ex parte application is therefore DENIED.

IT IS SO ORDERED.

Dated: November 16, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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