White v. 16th District Court et al
Filing
8
ORDER denying 7 MOTION to Remove Strike. Signed by Judge Dana L. Christensen on 10/9/2013. Mailed to White. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CV 09-165-BLG-RFC-CSO
JOEL MILES WHITE,
Plaintiff,
ORDER
vs.
16TH DISTRICT COURT; MIKE
FERRITER, DOC DIRECTOR;
LISA GRADY, COLLECTIONS
MGR.; SAM LAW, WARDEN,
CCC/CCA,
FILED
OCT 092013
CIe"!<.l!.S District Court
DistrICt Of Montana
Missoula
Defendants.
Plaintiff Joel White has filed a Motion to Remove the Strike that was issued
when his civil case was dismissed on February 5, 2010. (Doc. 5). A final Order has
been issued in this case, therefore, the Court construes the motion as being filed
pursuant to Rule 60 of the Federal Rules of Civil Procedure.
Motions for relief from a judgment are addressed to the sound discretion of the
district court, Casey v. Albertson's Inc., 362 F.3d 1254, 1257 (9th Cir. 2004), and
allow a party to seek reconsideration of a final jUdgment or any order where such a
party can demonstrate: "(1) mistake, inadvertence, surprise, or excusable neglect; ..
. [or] (6) any other reason that justifies relief." Fed.R.Civ.P.60(b).
Mr. White argues that because of his lack of knowledge of the law the strike
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that was issued pursuant to 42 U.S.C. § 1915(g) should be removed. He cites
authority for the proposition that pro se filings should be liberally construed.
Mr. White's case was designated as a "strike" under 28 U.S.C. § 1915(g)
because his claims were frivolous because they were barred by res judicata. Franklin
v. Murphy, 745 F.2d 1221, 1230 (9th Cir. 1984). Mr. White has presented no new
evidence and has not demonstrated that Judge Cebull committed clear error in issuing
the strike its ruling. There has been no change in the law, and none of the reasons set
forth in Rule 60(b) are applicable. Mr. White gives no justification for reconsidering
Judge's Cebull's issuance of a strike pursuant to 28 U.S.C. § 1915(g) and this Court
sees no reason to do so.
This case is closed and no further motions for reconsideration will be
considered.
IT IS ORDERED:
Mr. White's Motion to Remove Strike (Doc. 7) is DENIED.
DATED this
~~
day of October, 013.
Dana L. Christensen, Chi f Judge
United States District Court
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