Basra v. Morgan et al

Filing 72

ORDER denying 70 Plaintiff's Motion for Order for Clarification; signed by Judge Ronald B. Leighton.**1 PAGE(S), PRINT ALL**(Paramjit Basra, Prisoner ID: 357517)(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PARAMJIT SINGH BASRA,
Plaintiff,
v.

CASE NO. C16-6005 RBL
ORDER DENYING MOTION TO
VACATE

RICHARD MORGAN, et al.,
Defendants.

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THIS MATTER is before the Court on Plaintiff Paramjit Singh Basra’s Motion [Dkt.

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#70] requesting that the Court vacate its previous order Granting Defendants’ Motion for

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Clarification. Basra mistakenly contends that Defendants’ motion for clarification was an

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untimely motion to alter judgment pursuant to Fed R. Civ. P. 59(e). The Court’s order granting

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partial summary judgment, however, was not a final order terminating the action as to all claims

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and parties. See Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir. 2002). As the

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litigation is still ongoing, Defendants were not required to seek relief from judgment under Fed

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R. Civ. P. 59 or 60. Accordingly, Basra’s Motion [Dkt. #70] is DENIED.

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IT IS SO ORDERED.

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Dated this 23rd day of July, 2018.

A

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Ronald B. Leighton
United States District Judge

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ORDER DENYING MOTION TO VACATE - 1