Free Response in Opposition to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona RICHARD G. PATRICK Assistant U.S. Attorney Arizona State Bar No. 5148 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Facsimile: (602) 514-7760 Telephone: (602) 514-7500 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Charles August Schlund III, an individual, Plaintiff, v. George W. Bush, President of the United States of America, a Sovereign Nation, et al., Defendants. Plaintiff seeks post-judgment relief under Fed. R. Civ. P. 60(a) and/or 60(b). His rule 60(a) motion appears to be premised upon an allegedly incorrect Clerk's notice of electronic filing. Since the Court's July 21, 2005 Order and Judgment are not alleged to suffer any "clerical mistake" within the meaning of Rule 60(a), and the plaintiff has those documents, any error in the Clerk's notice of electronic filing is harmless. Furthermore, the fact of the Clerk's notice, as opposed to the content of the Clerk's notice, is all that appears on the Clerk's docket sheet - thus, there is no clerical error of record within the meaning of Rule 60(a). Hence, plaintiff's Rule 60(a) motion is specious and should be summarily denied. Plaintiff's Rule 60(b) motion fares no better. He alleges that the Court was required to make Rule 52 findings of fact as part of its disposition of the case. The Rule itself says otherwise ["Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56 or any other motion except as provided in subdivision (c) of this rule." (Underlining added.)] Fed. R. Civ. P. 52. DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S RULE 60 MOTION CIV-03-1590-PHX-VAM

Case 2:03-cv-01590-VAM

Document 36

Filed 08/05/2005

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Accordingly, plaintiff's Rule 60 motion should be denied. Respectfully submitted this 5th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/Richard G. Patrick RICHARD G. PATRICK Assistant U.S. Attorney

CERTIFICATE OF SERVICE 10 I hereby certify that on August 5, 2005, I served the attached document by U.S. Mail on 11 the following, who is not a registered participants of the CM/ECF System: 12 Charles August Schlund III 13 8520 North 54th Drive Glendale, Arizona 85302 14 s/Diana Henson ____________________________________ 16 Office of the U.S. Attorney 15 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:03-cv-01590-VAM

Document 36

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Filed 08/05/2005

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