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

Case 5:07-cv-04897-JW

Document 5

Filed 07/09/2008

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

WILLIE WEAVER, Plaintiff, vs. P.S.U MEDICAL FACILITY,

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\Weaver04897_motion.wpd

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No. C 07-04897 JW (PR) ORDER DENYING MOTION TO VACATE JUDGMENT

(Docket No. 4)

Plaintiff filed a motion to vacate judgment (Docket No. 4) 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). There was no trial by jury in this action as Plaintiff's complaint was dismissed for failure to pay the filing fee. (Docket No. 3) Accordingly, Plaintiff's motion is DENIED. This order terminates Docket No. 4.

DATED:

July 7, 2008

JAMES WARE United States District Judge

Case 5:07-cv-04897-JW

Document 5

Filed 07/09/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WILLIE WEAVER, Plaintiff, v. P.S. U MEDICAL FACILITY, Defendant. /

Case Number: CV07-04897 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 5905 Lake Earl Drive P. O. Box 7000 Crescent City, Ca 95531-7000 Dated: 7/9/2008 Richard W. Wieking, Clerk /s/By: Elizabeth Garcia, Deputy Clerk