Levy
Levy v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NORMAN LEVY, Case No. 22-cv-05009-JSC
Plaintiff,
ORDER RE: PLAINTIFF’S MOTION
v. TO RE-OPEN AND VACATE
JUDGMENT
UNITED STATES OF AMERICA, Re: Dkt. No. 24 Defendant.
12 Plaintiff sued the United States for injuries he sustained while walking on the boardwalk at Ocean Beach on October 14, 2020. (Dkt. No. 1 ¶ 12.) On June 8, 2023, the Court dismissed the action without prejudice for failure to prosecute. (Dkt. No. 22.) Before the Court is Plaintiff’s motion to re-open and vacate judgment. (Dkt. No. 24.) Having carefully considered the arguments and briefing submitted, the Court concludes oral argument is unnecessary, see Civ. L. R. 7-1(b), and DENIES Plaintiff’s motion. Plaintiff has failed to demonstrate his entitlement to relief under Federal Rule of Civil Procedure 60(b)(1) and (b)(6). BACKGROUND After this case was filed on September 1, 2022, it was initially assigned to Judge Kim. …