Gutierrez
Gutierrez v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SALVADOR GUTIERREZ, Case No.: 22-cv-01413-JO-LR
Petitioner,
v. ORDER GRANTING REQUEST TO
REOPEN THE TIME TO FILE AN
JAMES HILL,
APPEAL
Respondent. 16 17 18
On March 21, 2024, pro se Petitioner Salvador Gutierrez filed a motion to vacate the Court’s September 25, 2023 order adopting Magistrate Judge Lupe Rodriguez’s report and recommendation granting Respondent James Hill’s motion to dismiss. Dkt. 15. Petitioner asserts that the Court erred pursuant to Federal Rule of Civil Procedure 60(b) by failing to provide him with a copy of this final order. Id.; Fed. R. Civ. P. 60(b)(1). Petitioner argues that he was unable to file a timely notice of appeal with the Ninth Circuit because he did not discover the Court’s decision until February 2024. Dkt. 15. Because Petitioner ultimately seeks more time to file a notice of appeal, the Court liberally construes his pro se motion for vacatur as a…