Vaughn v. Vilsack

Filing 40

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiff's Motion to Vacate a Void Final Judgment (ECF No. 39 ) is DENIED. Signed by District Judge Ronnie L. White on 1/7/2015. (NEB)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BILL VAUGHN, Plaintiff, TOM VILSACK, Respondent, ) ) ) ) ) ) ) ) ) No. 4: 13CV2427 RL W MEMORANDUM AND ORDER This matter is before the Court Plaintiffs Motion to Vacate a Void Final Judgment (ECF No. 39). Therein, Plaintiff argues that the Court's October 15, 2014 final judgment is void due to "jurisdictional defects ... on the face of the record." (ECF No. 39 at 1). Plaintiff again erroneously claims that this is a court of equity and that the undersigned is a magistrate judge. As previously discussed by this Court (see ECF Nos. 21, 28), the undersigned is a district judge pursuant to Article III of the U.S. Constitution, who has power to hear all cases arising under the Constitution, the laws of the United States, and to controversies to which the United states is a party. Further, Plaintiffs consent was not required for this Court to hear this case because the undersigned is not a magistrate judge. Therefore, the Court had full and complete jurisdiction over Plaintiffs claims and the Court entered a valid final judgment. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Motion to Vacate a Void Final Judgment (ECF No. 39) is DENIED. Dated this 7th day of January, 2015 . RONNIE L. WHITE UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?