Nguon
Nguon v. Glynn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HUNG DUONG NGUON, Case No.: 21cv2113-CAB (JLB)
CDCR #K-49649,
ORDER DENYING PLAINTIFF’S
Plaintiff, MOTION TO VACATE JUDGMENT vs. 14 MARY ANNE GLYNN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 9, 2022, the Court dismissed Plaintiff’s Second Amended Complaint with prejudice for failure to state a claim pursuant to the screening provisions of 28 U.S.C. § 1915A(b), which require sua sponte dismissal of a prisoner’s complaint, or any portion of it, which fails to state a claim. (ECF No. 19.) On December 7, 2022, Plaintiff constructively filed the instant Motion to Vacate Judgment pursuant to Federal Rule of Civil Procedure 60(b). (ECF No. 22.) A motion to alter or amend a judgment is construed under Rule 59(e) if it is filed within 28 days of entry of judgment; otherwise, it is considered under Rule 60(b) as a motion for relief from a…