Bates v. City of San Jose et al

Filing 55

Order by Hon. Ronald M. Whyte denying 43 Motion for Relief from Judgment.(rmwlc2, COURT STAFF) (Filed on 4/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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FEDERICK BATES,
Plaintiff,

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Case No. C-06-05302-RMW
ORDER DENYING MOTION FOR
RELIEF FROM JUDGMENT

v.
CITY OF SAN JOSE et al.,

[Re Docket No. 43]

Defendants.

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Frederick Bates moves for this court to vacate its previous judgment because, he argues, it is

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void and based upon fraud on the court. Pl.'s Br., Dkt. No. 43; see Fed. R. Civ. Proc. 60(b)(4),

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(d)(3). The court held a hearing on the matter on April 26, 2013. Bates did not appear. Having

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considered the papers, the court DENIES Bates' motion. His motion is untimely and he has failed to

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present adequate evidence supporting either of his theories for relief.

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Dated: April 26, 2013

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER
Case No. C-06-05302-RMW
SW

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