Whitehurst v. All Walgreen's Company Stores et al

Filing 44

ORDER. Signed by Judge Hamilton on 7/26/2012. (pjhlc1, COURT STAFF) (Filed on 7/26/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 RICHARD WHITEHURST, 12 Plaintiff, No. C 10-4195 PJH 13 v. ORDER 14 15 ALL WALGREEN COMPANY STORES, et al., 16 Defendants. _______________________________/ 17 18 On July 25, 2012, pro se plaintiff Richard Whitehurst filed what appears to be a 19 combination request for entry of default and motion for default judgment in the above- 20 entitled action. The court previously granted defendants’ motion to dismiss on grounds of 21 res judicata, based in part on the fact that the claim asserted in the present case was 22 identical to the claim adjudicated in an earlier case. The court entered judgment on 23 December 28, 2012. 24 Plaintiff now asserts that the judgment was a “partial judgment” only, because the 25 order granting the motion to dismiss did not address the claims against all defendants – 26 specifically the claims against approximately 28 Walgreens stores located in San 27 Francisco. However, the defendant “All Walgreen Company Stores” plainly includes within 28 it all individual stores, and defendants sought dismissal of all claims against all defendants. 1 Moreover, plaintiff did not file a notice of appeal within the time allowed. Accordingly, the 2 case is closed, and plaintiff’s motion is DENIED.1 3 4 IT IS SO ORDERED. 5 Dated: July 26, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 27 28 To the extent that plaintiff’s request can be interpreted as a motion for relief from final judgment pursuant to Federal Rule of Civil Procedure 60(b), plaintiff has stated no grounds for relief under that rule. 2

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