(PC) Gibbs v. Bradford

Good Law
United States District Court, Eastern District of CaliforniaApril 9, 20202:16-cv-00544California669 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH G. GIBBS, No. 2:16-cv-0544-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J.R. BRADFORD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with this civil rights action under 42 U.S.C. § 1983. On November 8, 2019, the Clerk of the Court closed this case in accordance with the parties’ stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) (ECF Nos. 32, 34) and the court’s October 30, 2019 order (ECF No. 33). Shortly thereafter, on November 15, 2019, plaintiff filed a motion “to keep lawsuit against the defendants.” ECF No. 36. Defendants filed an opposition (ECF No. 37) and plaintiff filed a reply (ECF No. 41). The court construes plaintiff’s motion as one for relief from judgment and so construed, the motion must be denied.1 Rule 60(b) provides for reconsideration of a final judgment where one or more of the following is shown: (1) mistake, inadvertence, surprise, or…

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