IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 10, 2012
MARCELLUS ALEXANDER GREENE, PLAINTIFF,
CALIFORNIA DEPARTMENT OF CORRECTIONS, DEFENDANT.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On July 27, 2012, the court dismissed this action after plaintiff failed to pay the filing fee as directed. On September 24, 2012, plaintiff filed a motion to vacate judgment. Rule 60(b) of the Federal Rules of Civil Procedures provides in relevant part for relief from judgment on the basis of "mistake, inadvertence, surprise, or excusable neglect" or "any other reason that justifies relief." Fed. R. Civ. Pro. 60(b)(1), (6). Plaintiff's motion fails to demonstrate that he is entitled to relief from judgment.
Accordingly, IT IS HEREBY ORDERED that plaintiff's September 24, 2012 motion to vacate judgment is DENIED.
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