Polley
(PC) Schowachert v. Polley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:21-cv-01107-KES-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS v. Docs. 20, 21, 22 BILL POLLEY, Defendant. 19 On April 10, 2024, the court dismissed plaintiff John Paul Mark Schowachert’s case without prejudice for failure to prosecute and failure to comply with court orders. Doc. 18. Before the court are (i) plaintiff’s motion docketed April 18, 2024, objecting to the dismissal of his case, along with his memorandum of points and authorities (Docs. 20–21), and (ii) plaintiff’s motion docketed May 15, 2024, which states that plaintiff seeks to place the case back on the docket and to present new evidence of brain damage (Doc. 22). Liberally construed, plaintiff moves under Federal Rule of Civil Procedure 59(e) to amend the judgment and moves under Rule 60(b) for relief from the court’s dismissal order and judgment. For the reasons set out below, the Court denies plaintiff’s…