Morris v. Koh et al

Filing 20

ORDER by Judge James Donato denying 15 MOTION FOR RELIEF FROM FINAL JUDGMENT. (lrcS, COURT STAFF) (Filed on 1/17/2017)

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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. 15

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This is a civil rights case filed pro se by a state prisoner. The case was dismissed at

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screening for failure to state a claim on April 29, 2016. A motion for relief from final judgment

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pursuant to Fed. R. Civ. P. 60(b) was denied on November 18, 2016. Plaintiff has now filed a

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second motion for relief from final judgment pursuant to Fed. R. Civ. P. 60(b).

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Rule 60(b) lists six grounds for relief from a judgment. Such a motion must be made
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

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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.

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ACandS Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Rule 60(b) provides a mechanism for parties to
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.
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 will proceed to trial. This motion (Docket No. 15) is

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United States District Court
Northern District of California

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DENIED for the same reasons as the prior motion.
IT IS SO ORDERED.
Dated: January 17, 2017

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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.

United States District Court
Northern District of California

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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.

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That on January 17, 2017, 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: January 17, 2017

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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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United States District Court
Northern District of California

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