(PC) Bonilla v. Dolpacoff et al, No. 2:2018cv02360 - Document 5 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/14/2018 ORDERING Clerk of Court to assign a district court judge to this case and RECOMMENDING Plaintiff's Rule 60 motion be denied and this case be closed. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN WAYNE BONILLA, 12 Plaintiff, 13 14 No. 2:18-cv-2360 CKD P v. ORDER AND THOMAS D. DOLPACOFF, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Mr. Bonilla has filed a document titled “F.R.C.P 60(b)(4) Void Judgement, 60(b)(3) Fraud 17 18 Upon the Court.” Under Rule 60 of the Federal Rules of Civil Procedure, a party in an action 19 before this court can seek relief from any order entered in that action, or judgment, based upon a 20 showing of mistake, excusable neglect, fraud, etc. Mr. Bonilla does not seek relief from a 21 judgment or order issued in an action before this court. Rather, he challenges certain aspects of 22 his Alameda County criminal case. Since the relief Mr. Bonilla seeks is not available through a 23 Rule 60 motion, the court will recommend that the motion be denied and this case closed. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 24 25 court judge to this case. 26 ///// 27 ///// 28 ///// 1 1 IT IS HEREBY RECOMMENDED that: 2 1. Plaintiff’s Rule 60 motion be denied; and 3 2. This case be closed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 6 being served with these findings and recommendations, plaintiff may file written objections with 7 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 8 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 9 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 10 1991). 11 Dated: September 14, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 1 boni2360.60 18 19 20 21 22 23 24 25 26 27 28 2
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