(PC) Williams v. Carey, et al, No. 2:2002cv00864 - Document 94 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/20/09 recommending that plaintiff's motion for relief from judgment pursuant to Rule 60 (b) be denied. MOTION 93 referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)

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(PC) Williams v. Carey, et al Doc. 94 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ABE WILLIAMS, JR., 11 12 13 14 Petitioner, vs. ARNOLD SCHWARZENEGGER, et al., Respondents. 15 16 No. CIV S-02-0864 MCE GGH P FINDINGS & RECOMMENDATIONS / Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 17 1983. On April 7, 2005, (Docket#. 48) plaintiff was granted leave to file a second amended 18 complaint. Plaintiff filed a second amended complaint that was ultimately dismissed on October 19 2, 2006 (Docket#. 83). Before the court is plaintiff’s July 23, 2009, motion for relief from 20 judgment, pursuant to Fed. R. Civ. P. 60(b). Plaintiff seeks relief from the court’s purported 21 granting of plaintiff’s request for voluntary dismissal on February 24, 2005. 22 Plaintiff is confused about the status of this case. No request for voluntary 23 dismissal was ever ordered, as plaintiff sought reconsideration from his own request for dismissal 24 which was granted (Docket # 48). The case then proceeded to judgment on the merits (Docket 25 #’s 80, 83, 84), and plaintiff appealed. As far as the docket of this court shows, the appeal 26 remains pending. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for relief from judgment, pursuant to Rule 60(b), be denied. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge's Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within ten days after service of the objections. The parties are advised 9 that failure to file objections within the specified time may waive the right to appeal the District 10 Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: August 20, 2009 /s/ Gregory G. Hollows 12 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 13 14 GGH:AB will0864.60b 15 16 17 18 19 20 21 22 23 24 25 26 2

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