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

Case 5:07-cv-02877-JW

Document 9

Filed 01/18/2008

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

WILLIE WEAVER, Plaintiff, vs. RICK CREEK, Defendant.

United States District Court

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For the Northern District of California

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No. C 07-02877 JW (PR) ORDER DENYING MOTION TO VACATE JUDGMENT; ADDRESSING OTHER MOTIONS

(Docket Nos. 6 & 7)

Plaintiff's motion to vacate judgment (Docket No. 6) pursuant to Rule 59(e) of the Federal Rules of Civil Procedure is DENIED. The motion was untimely having been filed beyond the ten days provided. See Fed. R. Civ. P. 59(e). Furthermore, although plaintiff states that the motion is based on "the papers and files in this matter and the memorandum of law attached hereto," he failed to attach such a memorandum to the motion. Plaintiff's motion for an injunction order to show cause and temporary restraining order (Docket No. 7) is DENIED as moot. The case is closed and judgment has been entered. This order terminates Docket Nos 6 and 7.

DATED:

January 7, 2008

JAMES WARE United States District Judge
Order Denying Motion to Vacate Judgment; Addressing Other Motions P:\PRO-SE\SJ.JW\CR.07\Weaver02877_recon.wpd