Jacobson v. Department of the Army Board
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/21/2011 ORDERING Plaintiff's 28 motions to reopen and 29 set aside the judgment are DENIED; Aside from any notice of appeal, the Clerk shall henceforth accept NO MORE FILINGS in this case. (Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BOBBY N. JACOBSON,
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Plaintiff,
No. CIV S-08-1828 GGH PS
vs.
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ORDER1
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF
MILITARY RECORDS,
Defendants.
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/
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On March 15 and 30, 2011, plaintiff filed letters requesting that the court make
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certain rulings in this case, including requests to reopen and to set aside the judgment. This
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action was closed on September 30, 2009. This is not the first time plaintiff has sought
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reconsideration of the judgment entered in this case.
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Even if plaintiff’s “motion to set aside judgment” is construed as a motion under
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Fed. R. Civ. P. 60(b), it has been made more than a year after judgment was entered. A motion
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on the grounds of “newly discovered evidence” or “fraud ..., misrepresentation, or misconduct by
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an opposing party” pursuant to Rule 60(b)(2), (3) can be made “within a reasonable time, and ...
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not more than one year after the judgment, order, or proceeding was entered or taken.” Fed. R.
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The underlying case was a consent case pursuant to 28 U.S.C. § 636(c).
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Civ. P. 60(b). Here, plaintiff claims that the Army obtained judgment against him based on false
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testimony, or on concealed evidence. Such a basis for relief under Rule 60(b) must have been
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brought within one year of September 30, 2009.
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Plaintiff’s motions to reopen (Docket # 28) and set aside the judgment (Docket
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#29) are denied. Aside from any notice of appeal, the Clerk shall henceforth accept no more
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filings in this case.
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IT IS SO ORDERED.
DATED: June 21, 2011
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
GGH:076/Jacobsen1828.58.mtns.wpd
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