Morris v. Koh et al

Filing 14

ORDER by Judge James Donato denying 12 Motion FOR RELIEF FROM FINAL JUDGMENT. (lrcS, COURT STAFF) (Filed on 11/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONDALEE MORRIS,
Plaintiff,

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United States District Court
Northern District of California

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Case No.16-cv-00581-JD

v.
LUCY H. KOH, et al.,
Defendants.

ORDER DENYING MOTION FOR
RELIEF FROM FINAL
JUDGMENT
Re: Dkt. No. 12

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This is a civil rights case filed pro se by a state prisoner. The case was dismissed at
screening for failure to state a claim on April 29, 2016. Plaintiff has now filed a motion for relief

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from final judgment pursuant to Fed. R. Civ. P. 60(b).
Rule 60(b) lists six grounds for relief from a judgment. Such a motion must be made

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within a “reasonable time,” and as to grounds for relief (1) - (3), no later than one year after the

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judgment was entered. See Fed. R. Civ. P. 60(b). Rule 60(b) provides for reconsideration where

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one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect;

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(2) newly discovered evidence which by due diligence could not have been discovered before the
court's decision; (3) fraud by the adverse party; (4) the judgment is void; (5) the judgment has

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been satisfied; (6) any other reason justifying relief. Fed. R. Civ. P. 60(b); School Dist. 1J v.
ACandS Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Rule 60(b) provides a mechanism for parties to

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seek relief from a judgment when “it is no longer equitable that the judgment should have

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prospective application,” or when there is any other reason justifying relief from judgment. Jeff D.

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v. Kempthorne, 365 F.3d 844, 853-54 (9th Cir. 2004) (quoting Fed. R. Civ. P. 60(b)).

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Plaintiff sought monetary and declaratory relief because a District Judge in this Court

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denied his motions for default judgment in another case. Plaintiff alleged that Judge Lucy Koh

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denied several of his motions for default judgment in another case, Morris v. Sandoval, Case No.

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12-cv-6132-JD, that was previously assigned to Judge Koh. He also alleged that the former Clerk

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of Court erred in sending out waivers of service of summons’ to defendants. It was noted that

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Case No. 12-cv-6132 continues and counsel was recently appointed for plaintiff.

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Plaintiff was informed that he was not entitled to relief because defendants were entitled to

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immunity for these acts performed in their judicial capacities and functions. To the extent plaintiff

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seeks to file an amended complaint raising claims regarding medical care he can file a new case.

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To the extent plaintiff seeks to amend his claims in Case No. 12-cv-6132, or seeks to raise issues

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in that case, he must speak with his appointed attorneys and proceed in that case. Because

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plaintiff has not shown that he is entitled to relief pursuant to Fed. R. Civ. P. 60(b), this motion

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(Docket No. 12) is DENIED.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: November 18, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONDALEE MORRIS,

Case No. 16-cv-00581-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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LUCY H. KOH, et al.,
Defendants.

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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

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That on November 18, 2016, 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.

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Condalee Morris ID: V96203
CSP-Sacramento
P.O. Box 290060
Represa, CA 95671

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Dated: November 18, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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