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Bailey v. Duesler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 30, 2007

RUSSO BAILEY, PLAINTIFF,
v.
E. DUESLER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER DENYING REQUEST TO REOPEN

In an order filed on November 28, 2006, the Court granted Defendants' motion for partial judgment on the pleadings and motion for partial summary judgment. Final judgment was entered on November 30, 2006.

On July 24, 2007, the Court received Plaintiff's "Request to Reopen." The Court construes the request as a motion under Fed. R. Civ. P. 60(b).

Plaintiff claims that defendant William Kolender kidnaped Plaintiff and detained him for a period of six months. According to Plaintiff, due to the kidnaping, he could not respond to the Court's summary judgment.

However, the record reflects that Plaintiff filed a response to Defendants' motions for summary judgment and judgment on the pleadings on September 20, 2006. The Court read and considered Plaintiff's opposition papers before ruling on Defendants' motions. To the extent that Plaintiff claims that he was prevented from filing a motion for reconsideration of the Court's order, Plaintiff does not identify any grounds for amending or setting aside the judgment.

Therefore, Plaintiff's request to reopen the case is DENIED.

IT IS SO ORDERED.

20070730

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