Lock v. State of California et al, No. 6:2013cv02091 - Document 22 (D. Or. 2014)
Court Description: OPINION AND ORDER: Plaintiff's Motion for Reconsideration of Judgment 15 21 is Denied. Signed on 7/28/2014 by Judge Michael J. McShane. (cp)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DENNIS LOCK, Plaintiff, Civ. No. 6:13-cv-2091-MC v. OPINION AND ORDER STATE OF CALIFORNIA, et al., Defendants. MCSHANE, Judge: Plaintiff, prose, filed this motion for relief from judgment, 1 ECF No. 21, on June 19, ' 2014. On January 6, 2014, this Court dismissed plaintiffs complaint sua sponte under FRCP . 12(b)(6) for failure to state a claim. Pursuant to that order, plaintiff was granted 30 days to cure the deficiencies identified. On February 25, 2014, plaintiff's action was dismissed without prejudice for failure to prosecute. Plaintiff now contends that this Court lacked s~ubject matter jurisdiction to dismiss the action? However, this Court has ':original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S. C. § 1331. Plaintiff asserted six causes of action under "laws ... of the United States," e.g., 42 U.S.C. §. 1983. Accordingly, plaintiff's motion for relief from judgment, ECF No. 21, is DENIED. IT IS SO ORDERED. · 1 This Court interprets plaintiff's "motion to recuse (acting without jurisdiction), petition grievances (treason by the .. court)" as a motion under FRCP 60. 2 To the extent that plaintiff alleges that this Court committed treason, 18 US.C. § 2382 does "not provide plaintiff with a private cause of action." Order 4, Jan. 6, 2014, ECF No. 10. 1 -OPINION AND ORDER . DATED this 28th day of July, 2014. ~ I'"'-- (__.- Michael J. McShane . United States District Judge 2 - OPINION AND ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
