Free Order on Motion to Vacate - District Court of California - California


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Date: July 9, 2008
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Category: District Court of California
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Case 5:07-cv-02401-JW

Document 9

Filed 07/09/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WILLIE WEAVER, Plaintiff, vs. DANIAL,

United States District Court

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For the Northern District of California

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Defendant.
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Order Denying Motion to Vacate Judgment P:\PRO-SE\SJ.JW\CR.07\Weaver02401_motion.wpd

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No. C 07-02401 JW (PR) ORDER DENYING MOTION TO VACATE JUDGMENT

(Docket No. 8)

Plaintiff filed a motion to vacate judgment (Docket No. 8) pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. Rule 59 permits parties to an action in which there has been a trial by jury to move for a new trial for the reasons set forth therein. See Fed. R. Civ. P. 59(a). This action was consolidated with case number C 07-01598 JW (PR), in which there was no trial by jury as Plaintiff's complaint was dismissed pursuant 28 U.S.C. ยง1915(g). See In re Willie Section 1983 Claims I, No. C 07-01598 JW PR (N.D. Cal. Sept. 25, 2007) (Docket No. 10). Accordingly, Plaintiff's motion is DENIED. This order terminates Docket No. 8.

DATED:

July 7, 2008

JAMES WARE United States District Judge

Case 5:07-cv-02401-JW

Document 9

Filed 07/09/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WILLIE WEAVER, Plaintiff, v. DANIEL, Defendant. /

Case Number: CV07-02401 JW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 7/9/2008 That on , I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Willie Eugene Weaver J-91389 Pelican Bay State Prison P. O. Box 7000 Crescent City, Ca 95531-7000 Dated: 7/9/2008 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk