Washington v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JASON LEVETTE WASHINGTON, Case No. 23-cv-00447-JST
Plaintiff,
ORDER RE: PLAINTIFF’S
v. PRELIMINARY RESPONSE TO
ORDER TO SHOW CAUSE
UNITED STATES OF AMERICA, et al., Re: ECF No. 18 Defendants.
12 On January 29, 2024, the Court issued an order to show regarding Plaintiff’s failure to effect service pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff neither appeared at the hearing on the order to show cause nor filed a written response. On March 15, 2024, Plaintiff filed an untimely response, in which he explains that obstructions to his residence impair his ability to retrieve mail. Id. The Court construes Washington’s response as a motion for relief under Federal Rule of Civil Procedure 60(b). Reconsideration under that rule is appropriate only if “the moving party can show (1) mistake, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud or other misconduct; (4) a void judgment; (5) a…