Whitehurst v. All Walgreen's Company Stores et al
Filing
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ORDER. Signed by Judge Hamilton on 7/26/2012. (pjhlc1, COURT STAFF) (Filed on 7/26/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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RICHARD WHITEHURST,
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Plaintiff,
No. C 10-4195 PJH
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v.
ORDER
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ALL WALGREEN COMPANY STORES,
et al.,
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Defendants.
_______________________________/
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On July 25, 2012, pro se plaintiff Richard Whitehurst filed what appears to be a
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combination request for entry of default and motion for default judgment in the above-
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entitled action. The court previously granted defendants’ motion to dismiss on grounds of
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res judicata, based in part on the fact that the claim asserted in the present case was
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identical to the claim adjudicated in an earlier case. The court entered judgment on
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December 28, 2012.
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Plaintiff now asserts that the judgment was a “partial judgment” only, because the
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order granting the motion to dismiss did not address the claims against all defendants –
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specifically the claims against approximately 28 Walgreens stores located in San
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Francisco. However, the defendant “All Walgreen Company Stores” plainly includes within
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it all individual stores, and defendants sought dismissal of all claims against all defendants.
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Moreover, plaintiff did not file a notice of appeal within the time allowed. Accordingly, the
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case is closed, and plaintiff’s motion is DENIED.1
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IT IS SO ORDERED.
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Dated: July 26, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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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.
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