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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BILL VAUGHN,
Plaintiff,

TOM VILSACK,
Respondent,

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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

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