Wolff

ORDER

Dismissing Plaintiffs F.R.C.P. 60(b) Motion for Relief from Judgment With Prejudice As Late and Barred by Failure to Appeal

This was a civil-rights action under 42 U.S.C. section 1983 . For the reasons that follow, the Court will dismiss plaintiffs Fed. R. Civ. P. 60(b) motion for relief from judgment with prejudice. .

Proceeding pro se, California state prisoner Herbert Wolff (“plaintiff’) initiated this action on February 9, 2015, by filing a complaint (Doc 1), along with a motion for appointment of counsel (Doc 2) and a request to proceed in forma pauperis (“IFP”) (Doc 3). On February 11, 2015, District Judge Lew issued an Order (Doc 5) denying the IFP application with leave to amend within thirty days, and Magistrate Judge Sagar issued an Order (Doc 6) denying.without prejudice the motion for appointment of counsel. The case was randomly reassigned to the undersigned District Judge by Order entered March 4, 2015 (Doc 7).

On April 23, 2015, Magistrate Judge Sa-gar issued an Order (Doc 8) dismissing the complaint without prejudice, authorizing plaintiff to amend his pleading within thirty days. That deadline elapsed on about May 23, 2015. More than two months later,…