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Henry C. Hayes v. Roderick Stewart

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 24, 2011

HENRY C. HAYES, PLAINTIFF,
v.
RODERICK STEWART, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner without counsel. This case is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On

March 24, 2010, the court dismissed this action because he was barred from proceeding in forma pauperis pursuant to 28 U.S.C. § 1915A and had failed to pay the filing fee for this action as directed by the court. Dckt. No. 7. Judgment was entered accordingly. Dckt. No. 8. On May 11, 2011, plaintiff submitted a motion for relief from judgment based on excusable neglect. Dckt. No. 9.

Rule 60(b) of the Federal Rules of Civil Procedure provides as follows: On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.

Plaintiff does not demonstrate he is entitled to relief from judgment.

Accordingly, IT IS HEREBY ORDERED that plaintiff's May 11, 2011 motion for relief from judgment, is denied.

20110524

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