Washington v. Cambra
Washington v. Cambra
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RODERICK WASHINGTON, Case No. 95-cv-03356-TEH1 (WHO) Plaintiff, 95-cv-03641-TEH 8 95-cv-03763-TEH v. 9 98-cv-01831-TEH
10 STEVEN CAMBRA, et. al., ORDER Defendants. 11
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13 Plaintiff, a former state prisoner, proceeded pro se in the above cases. All of these 14 actions were dismissed more than twenty-years ago. Plaintiff has now filed the same 15 motion in all of the cases seeking to vacate the judgments. He argues that the cases should 16 be vacated because they qualify as strikes pursuant to
28 U.S.C. § 1915(g), which prevents 17 him from proceeding in forma pauperis unless he can demonstrate that he is under 18 imminent danger of serious physical injury. To the extent plaintiff seeks relief from these 19 judgments under Federal Rule of Civil Procedure 60(b), any such motion is denied. 20 Rule 60(b) lists six grounds for relief from a judgment: (1) mistake, inadvertence, 21 surprise or excusable neglect; (2) newly discovered evidence which by due diligence could 22 not have been discovered in time to move for a new trial; (3) fraud by the adverse party; 23 (4) the judgment is void; (5) the judgment has been satisfied; (6) any other reason 24 justifying relief. Fed. R. Civ. P. 60(b); School Dist. 1J v. ACandS Inc.,
5 F.3d 1255, 1263 25 (9th Cir. 1993). Such a motion must be made within a “reasonable time,” and as to grounds 26 27 1 || for relief (1) - (3), no later than one year after the judgment was entered. See Fed. R. Civ. 2 || P. 60(b). Rule 60(b) provides a mechanism for parties to seek relief from a judgment 3 || when “it is no longer equitable that the judgment should have prospective application,” or 4 || when there is any other reason justifying relief from judgment. Jeff D. v. Kempthorne, 365 5 || F.3d 844, 851 (9th Cir. 2004) (quoting Fed. R. Civ. P. 60(b)). 6 These motions are untimely, given the more than twenty years that have elapsed 7 || since the cases were dismissed. Plaintiff presents no legal arguments why the judgments g || should be vacated. To the extent these cases prevent plaintiff from proceeding in forma 9 || pauperis, plaintiff is free to file new cases and present specific arguments why these 10 || individual cases do not qualify as strikes pursuant
28 U.S.C. § 1915(g). Plaintiff's motions 11 || in each of the above cases are DENIED and the Clerk shall terminate all pending motions. = 12 IT IS SO ORDERED. 13 || Dated: June 27, 2022
‘ LLIAM H. ORRICK 16 United States District Judge
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Reference
- Status
- Unknown