Campbell v. Obama et al

Filing 212

ORDER DENYING #211 PLAINTIFF'S REQUEST FOR RELIEF FILED MARCH 17, 2017. Signed by Judge Beth Labson Freeman on 3/20/2017. (blflc1S, COURT STAFF) (Filed on 3/20/2017) (Additional attachment(s) added on 3/24/2017: #1 Certificate/Proof of Service) (tshS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KENNETH L. CAMPBELL,
Plaintiff,

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v.

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BARACK OBAMA, et al.,

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United States District Court
Northern District of California

Case No. 14-cv-03071-BLF

Defendants.

ORDER DENYING PLAINTIFF’S
REQUEST FOR RELIEF FILED
MARCH 17, 2017
[Re: ECF 211]

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On March 17, 2017, Plaintiff filed a document titled “Notice of Address Change Including

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Petition for Relief Under Rule 70, FRCP.” See ECF 21. In that document, Plaintiff requests that

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the Court: (1) substitute President Donald Trump as defendant in place of former President

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Barack Obama; (2) reconsider its March 18, 2016 Order Denying Plaintiff’s Motion for

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Appointment of Counsel or Guardian Ad Litem; Denying Plaintiff’s Motion for a Medical

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Examination; and Lifting Stay; (3) and grant Plaintiff temporary and immediate relief in the form

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of appointment of an ombudsman/patient advocate to serve as his guardian ad litem.
Plaintiff’s request to substitute President Donald Trump in place of former President

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Barack Obama is governed by Federal Rule of Civil Procedure 25(d). That rule provides that

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“when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to

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hold office while the action is pending,” the officer’s successor automatically is substituted as a

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party. Fed. R. Civ. P. 25(d) (emphasis added). Judgment was entered in this case on March 18,

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2016, and Plaintiff did not file an appeal. Judgment, ECF 210. Because the action was no longer

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“pending” when Donald J. Trump became the President, no substitution is necessary under Rule

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25(d).

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With respect to Plaintiff’s request for reconsideration of this Court’s denial of his request

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for appointment of a guardian ad litem, the Court’s Civil Local Rules provide that a party may

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seek reconsideration before entry of judgment. Civ. L.R. 7-9. As noted above, judgment has been

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entered in this case. Accordingly, Plaintiff’s request for reconsideration is untimely. Plaintiff

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states that his request is made pursuant to Federal Rule of Civil Procedure 70. That rule, which is

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titled “Enforcing a Judgment for a Specific Act,” does not provide any basis for relief from this

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Court’s prior orders. See Fed. R. Civ. P. 70. It may be that Plaintiff intended to seek relief under

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Federal Rule of Civil Procedure 60(b), reciting “Grounds for Relief from a Final Judgment, Order,

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or Proceeding.” However, Plaintiff has not articulated any basis for relief under Rule 60(b).

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Finally, with respect to Plaintiff’s request for immediate appointment of an

United States District Court
Northern District of California

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ombudsman/patient advocate to serve as his guardian ad litem, that request is denied on the basis

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that this case has been closed for a year.

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Plaintiff indicates an intention to file additional documents in this case. This Court is

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without power to grant Plaintiff any relief in this case, unless and until Plaintiff provides a basis

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for setting aside the judgment, which he has not done.

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Accordingly, Plaintiff’s request for relief filed March 17, 2017 is DENIED.

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IT IS SO ORDERED.

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Dated: March 20, 2017
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BETH LABSON FREEMAN
United States District Judge

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