Opinion
No. CIV S-07-0724 LKK EFB P.
January 28, 2008
ORDER
Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. On December 13, 2007, the court dismissed this action for plaintiff's failure to state a claim upon which relief could be granted and the Clerk of the Court duly entered judgment. On January 3 and 10, 2008, plaintiff filed motions to file an amended complaint. The court construes these motions as seeking relief from judgment.
Pursuant to Fed.R.Civ.P. 60(b):
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Plaintiff's complaint failed to state a claim because he did not identify particular individuals who allegedly violated his rights and his allegations of the conditions that allegedly violated his rights were too general. In his requests for relief from judgment, plaintiff identifies several particular individuals who he would name as defendants. But his allegations still are too vague to find that he states a claim against them. Thus, plaintiff does not demonstrate he is entitled to relief from judgment.
Accordingly, plaintiff's January 3 and 10, 2008, requests are denied. The Clerk of the Court is directed to terminate numbers 33 and 34 on the docket.
So ordered.