Rouse
Rouse v. Abernathy
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 XEZAKIA ROUSE, Case No. 21-cv-05708-JSC
Plaintiff,
ORDER RE: MOTION FOR RELIEF
v. FROM A JUDGMENT OR ORDER
RONALD HAYES ABERNATHY, Re: Dkt. No. 70 Defendant.
Plaintiff’s Second Amended Complaint brought claims for deprivation of constitutional rights under 42 U.S.C. § 1983 and legal malpractice under California law. Because Plaintiff filed his lawsuit more than six years after the claims accrued, the Court concluded both claims were barred by the two-year statutes of limitations and granted Defendant’s motion for judgment on the pleadings. (Dkt. No. 68.) The Court entered judgment in favor of Defendant on November 17, 2022. (Dkt. No. 69.) Now before the Court is Plaintiff’s motion for relief from a judgment or order under Federal Rule of Civil Procedure 60(b). (Dkt. No. 70; see Dkt. Nos. 71, 72.) Having carefully considered the briefing, the Court concludes that a hearing is unnecessary, see N.D. Cal. Civ. L.R.…