Armstrong

(PC) Hamilton v. Armstrong

Good Law
United States District Court, Eastern District of CaliforniaApril 22, 20202:19-cv-00445California995 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ALBERT J. HAMILTON, No. 2:19-cv-0445-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. ARMSTRONG, et al., Defendants. 15 Plaintiff is a state prisoner who, proceeding without counsel, brought an action under 42 U.S.C. § 1983. The court previously determined that plaintiff was a “three-striker” within the meaning of § 1915(g). ECF No. 7. It therefore recommended that his application to proceed in forma pauperis be denied. Id. The district judge adopted that recommendation over plaintiff’s objections. ECF No. 20. Plaintiff sought reconsideration of the district judge’s order (ECF No. 24) and that motion was denied. ECF No. 25. On October 15, 2019, the district judge dismissed this action for failure to pay the filing fee. ECF No. 26. Judgment was entered the same day. ECF No. 27. Now, plaintiff has filed a motion to vacate judgement. ECF No. 28. For the reasons stated hereafter, that motion should be denied. 25…

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