Kelly

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CYNTHIA RENEE KELLY, Case No. 22-cv-05470-HSG

8 Plaintiff, ORDER DENYING MOTION FOR

RELIEF PURSUANT TO FED. R. CIV.

9 v. P. 60(B)

10 CUBESMART, et al., Re: Dkt. No. 132 11 Defendants.

12 Following the Court’s dismissal of this case for failure to prosecute, Dkt. No. 129, Plaintiff 13 filed what is styled, among other things, as a request for relief “pursuant to Federal Rules of Civil 14 procedure, Rule 60(a)(b)(1)(2)(3)(c)(d)(3).” Dkt. No. 132. The Ninth Circuit is holding 15 Plaintiff’s appeal in abeyance until the Court rules on this motion. Dkt. No. 140. The Court 16 construes Plaintiff’s motion as seeking to vacate or correct the judgment under Rule 60, and 17 DENIES it. 18 I. LEGAL STANDARD 19 Federal Rule of Civil Procedure 60(a) allows the Court to “correct a clerical mistake or a 20 mistake arising from oversight or omission whenever one is found in a judgment, order, or other part 21 of the record.” Fed. R. Civ. P.…