Evans v. Department of Corrections

Filing 187

ORDER by Judge Whyte denying 186 Motion for Relief from Judgment. (rmwlc2, COURT STAFF) (Filed on 6/29/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT E-FILED on 6/29/10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JAMAR JAMES EVANS, Plaintiff, v. UNKNOWN NAMES OF DEPARTMENT OF CORRECTIONS OFFICERS and SANTA CLARA COUNTY DEPARTMENT OF CORRECTIONS, Defendants. No. C-03-05420 RMW ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT [Re Docket No. 186] Plaintiff's appeal to the Ninth Circuit was dismissed for lack of jurisdiction because the notice of appeal was not filed within 30 days after the entry of judgment on January 5, 2010. Plaintiff claims that notice of judgment was not mailed to him until February 10, 2010. Plaintiff seeks additional time to file his notice of appeal and thus moves for relief from judgment under Federal Rule of Civil Procedure 60. As explained in the court's June 14, 2010 order, the time for filing an appeal is tolled while a party files a motion for relief under Federal Rule of Civil Procedure 60 only if the motion is filed no later than 28 days after judgment is entered. Fed. R. App. P. 4(a)(4)(A)(vi). Plaintiff did not file a motion for relief from judgment within 28 days from January 5, 2010, the date of entry of judgment. Plaintiff's motion is therefore denied. DATED: 6/29/10 RONALD M. WHYTE United States District Judge No. C-03-05420 RMW CCL

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