Opinion
CASE 01-CV-2258 W (POR)
06-11-2012
CHUKWUMA AZUBUKO, Plaintiff, v. FRAMINGHAM STATE COLLEGE, Defendant.
ORDER DENYING
PLAINTIFF'S REQUEST FOR
RELIEF FROM JUDGMENT
UNDER RULE 60(b) [DOC. 15]
On December 7, 2001, Plaintiff Chukwuma Azubuko, proceeding pro se, filed suit in this Court against Framingham State College. (Compl. [Doc. 1].) Azubuko appeared to allege various state and federal claims against professors and administration at Framingham State College. (See id.) On December 11, 2001, the Court sua sponte dismissed Azubuko's complaint without prejudice for improper venue, because it was clear from the complaint that both Azubuko and Framingham State College resided in Massachusetts, and all events relevant to the complaint occurred in Massachusetts. (Dism. Order [Doc. 2]); see Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986).
Framingham State College was never served in this action.
In the nearly eleven years since this Court dismissed Azubuko's complaint, Azubuko has filed four motions to re-open his case under Federal Rule of Civil Procedure 60(b). (See Mots. Re-open [Docs. 4, 5, 13, 15].) To this point, the Court has consistently rejected those motions for failure to follow the procedural rules of the United States District Court for the Southern District of California. (See id.) On one occasion, in 2002, Azubuko appealed this Court's rejection of his motion to re-open to the Ninth Circuit Court of Appeals. (See Not. Appeal [Doc. 6].) The Ninth Circuit summarily affirmed this Court's decision. (Ninth Cir. Order [Doc. 12].)
Azubuko has recently filed another motion to re-open his case, his fourth overall. (Fourth Mot. Re-open [Doc. 15].) The fourth motion, like the others, is largely incomprehensible and fails to address the single reason that his case was dismissed in 2001: improper venue. (See id.) Therefore, the Court DENIES Azubuko's request to re-open his case under Rule 60(b). No additional motions filed by, or on behalf of Azubuko will be considered in this case.
IT IS SO ORDERED.
__________________
Hon. Thomas J. Whelan
United States District Judge