Padilla

Padilla v. Internal Revenue Service

Good Law
United States District Court, Northern District of CaliforniaAugust 14, 20244:24-cv-02982California523 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISMAEL H. PADILLA, Case No. 24-cv-02982-PJH

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION

INTERNAL REVENUE SERVICE, et al., Re: Dkt. No. 10 Defendants.

12 Plaintiff, a Texas state prisoner proceeding pro se, filed a civil action against a governmental entity. The court denied the case at screening and plaintiff has filed a motion for reconsideration that the court construes as a motion for relief from a judgment under Federal Rule of Civil Procedure 60(b). Rule 60(b) lists six grounds for relief from a judgment. Such a motion must be made within a “reasonable time,” and as to grounds for relief (1) - (3), no later than one year after the judgment was entered. See Fed. R. Civ. P. 60(b). Rule 60(b) provides for reconsideration where one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in…

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