Meyers v. Hedgpeth

Filing 116

ORDER by Judge James Donato denying 115 Motion Relief from Judgment and Prescreening Order. (lrcS, COURT STAFF) (Filed on 1/31/2019)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 LEON LEE MEYERS, 4 Case No. 11-cv-05327-TEH1 (JD) Petitioner, 5 v. 6 ANTHONY HEDGPETH, 7 Respondent. 8 ORDER DENYING SIXTH AND SEVENTH MOTIONS FOR RELIEF FROM JUDGMENT AND PRESCREENING ORDER Re: Dkt. Nos. 114, 115 Petitioner Leon Meyers, a state prisoner, filed a pro se petition for a writ of habeas corpus 9 that was denied on the merits on March 31, 2015. Petitioner previously filed five motions for 11 United States District Court Northern District of California 10 relief from a judgment pursuant to Fed. R. Civ. P. 60(b) that the Court denied. Docket Nos. 94, 12 96, 103, 105, 112. Petitioner has now filed a sixth and seventh motion pursuant to Fed. R. Civ. P. 13 60(b). The motions (Docket Nos. 114, 115) are denied for the same reasons as the prior motions. 14 The Court notes that petitioner’s appeal to the Ninth Circuit of the habeas order was denied. 15 Petitioner also appealed one of the denials of a motion for relief from a judgment which was also 16 denied by the Ninth Circuit. In light of petitioner’s multiple abusive filings, no further filings relating to the habeas 17 18 order will be accepted unless pre-screened and pre-approved by the Court. Petitioner is advised 19 that proposed filings which simply repeat the previously rejected challenges to the order will be 20 summarily denied filing permission. IT IS SO ORDERED. 21 22 Dated: January 31, 2019 23 JAMES DONATO United States District Judge 24 25 26 27 28 1 The matter was originally before the Honorable Judge Thelton E. Henderson, who has since retired. It is now before this Court for the limited purpose of ruling on petitioner’s post judgment motions. 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 LEON LEE MEYERS, Case No. 11-cv-05327-TEH (JD) Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 ANTHONY HEDGPETH, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 31, 2019, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Leon Lee Meyers ID: #:AB7261 Solano State Prison P.O. Box 4000, Bldg. A4-139Up Vacaville, CA 95696 19 20 21 Dated: January 31, 2019 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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