Ramos

(PC) McElroy v. Ramos

Good Law
United States District Court, Eastern District of CaliforniaOctober 16, 20192:18-cv-02771California574 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LATWAHN McELROY, No. 2:18-cv-2771-WBS-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. RAMOS, et al., Defendants. 16 Plaintiff is a prisoner proceeding pro se with this civil rights action under 42 U.S.C. § 1983. His complaint was dismissed without prejudice due to plaintiff’s failure to either submit the filing fee or an application for leave to proceed in forma pauperis. ECF No. 6. Judgment was entered on the same day. ECF No. 7. After the case was closed, plaintiff filed an application for leave to proceed in forma pauperis and a “letter of recognition” stating that he submitted his application at his “earliest convenience.” ECF Nos. 8 & 9. Liberally construing the letter, the court addresses it herein as a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. So construed, the motion must be denied. Rule 60(b) provides for reconsideration of a final judgment…

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