Hafer v. United States

Summary

The United States District Court for the Eastern District of California denied DeCheri Hafer’s motion for relief under Federal Rule of Civil Procedure 60(b)(4). The court rejected her arguments concerning the magistrate judge’s authority, judicial bias, lack of oral argument, and alleged due process violations, and held that she failed to show the judgment was void or that her motion was filed within a reasonable time. The court also terminated her motion to proceed in forma pauperis as moot and ordered that the action remain closed.

Holdings

1. Plaintiff's consent was not required for the magistrate judge to grant an extension of time for a responsive pleading or to issue findings and recommendations concerning default and dismissal motions.
2. Plaintiff failed to establish judicial bias because her allegations were based only on disagreement with the court's rulings and did not identify an extrajudicial source of bias.
3. The court did not violate plaintiff's due process rights by deciding matters under submission without a trial or oral argument because plaintiff received notice and an opportunity to respond.
4. Plaintiff was not entitled to relief under Rule 60(b)(4) because she failed to show that the judgment was void and did not file the motion within a reasonable time.

Questions Presented

1. Whether the magistrate judge acted without authority because plaintiff did not consent to magistrate-judge jurisdiction.
2. Whether plaintiff established judicial bias sufficient to support relief from the judgment.
3. Whether the court violated plaintiff's due process rights by deciding matters under submission without a trial or oral argument.
4. Whether the judgment was void and should be set aside under Federal Rule of Civil Procedure 60(b)(4).
5. Whether plaintiff's motion was filed within a reasonable time.

Disposition

other