United States of America ex rel. et al v. Amgen Inc.

Filing 49

ORDER DENYING MOTION TO REOPEN CASE by Judge Alsup denying 36 Motion to Reopen Case; denying 38 Administrative Motion Evidentiary Hearing. (whalc1, COURT STAFF) (Filed on 7/12/2016) (Additional attachment(s) added on 7/12/2016: # 1 Certificate/Proof of Service) (dl, 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 UNITED STATES ex rel. Samuel J. May, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, v. AMGEN INC., 14 ORDER DENYING MOTION TO REOPEN CASE Defendant. / 15 16 No. C 10-02577 WHA This action was assigned to Magistrate Judge Bernard Zimmerman. Judge Zimmerman 17 informed the relator, Samuel May, that he could not proceed pro se in this False Claims Act, 18 and he was given two extensions of the deadline to retain counsel. See Stoner v. Santa Clara 19 County Off. of Educ., 502 F.3d 1116, 1126 (9th Cir. 2007). After the second deadline lapsed, 20 Judge Zimmerman dismissed the action for failure to prosecute. Four years later, May now 21 seeks to reopen the case to hold an evidentiary hearing to determine his share of a purportedly 22 related case. May has still not retained counsel, and his filings are untimely and plainly 23 frivolous. 24 May’s motions to reopen the case and hold an evidentiary hearing are DENIED. 25 26 IT IS SO ORDERED. 27 28 Dated: July 12, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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