Fitzpatrick

BACKGROUND

23 Plaintiff’s first amendment complaint (FAC) alleged that he was entitled to 24 $35,152.00 under the Longshore and Harbor Workers’ Compensation Act for a 25 work-related injury. (ECF No. 17, 2). The FAC further alleged that, in January 26 2019, Defendant California Employment Development Department (EDD) 27 unlawfully took those funds. (Id.) Plaintiff asserted claims under the Fourth, Fifth, 28 and Fourteenth Amendments and certain provisions of the California Constitution, and he sought compensatory and punitive damages. (Id. at 3-5) In March 2022, EDD moved to dismiss the FAC and argued that it was entitled to Eleventh Amendment immunity and that the statute of limitations barred Plaintiff’s claims. (ECF No. 18) The Court agreed and found that Plaintiff’s claims were barred by the Eleventh Amendment and the statute of limitations. (ECF No. 24) The Court determined that dismissal with prejudice was necessary because Plaintiff could not cure those deficiencies. (Id.) The Court directed the Clerk to enter judgment, which was entered on June 17, 2022. (ECF Nos. 24 & 25) On July 13, 2022, Plaintiff moved to…