Summary
The United States District Court for the Eastern District of California denied Frederick Wayne Smith’s motion to amend the judgment under Federal Rule of Civil Procedure 59(e). The court held that Smith failed to identify a sufficient basis for relief and had not paid the required filing fee despite having sufficient funds.
Holdings
- A motion for relief from judgment filed within 28 days after entry of judgment is properly treated as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). Applying the prison mailbox rule, plaintiff's motion was timely because he signed and delivered it to prison authorities on April 28, 2025, within 28 days of the April 21 judgment.
- Plaintiff was not entitled to amend the judgment because he identified no basis recognized under Rule 59(e) for altering or amending the judgment and had not paid the mandatory filing fee despite having sufficient funds to do so.
Questions Presented
- Whether plaintiff's motion to amend the judgment was timely and should be treated as a motion under Federal Rule of Civil Procedure 59(e).
- Whether plaintiff identified a sufficient basis for relief from the judgment under Rule 59(e).
Disposition
other
Cases Cited (4)
- Langley v. Well Path Med., No. 2:19-cv-01022-TLN-DMC, 2020 WL 243228, at *1 (E.D. Cal. Jan. 16, 2020)(followed)
- Am. Ironworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892, 888-89 (9th Cir. 2001)(followed)
- Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009)(followed)
- Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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