McGee v. Enfante et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ANTHONY MCGEE,
Plaintiff,
v.
CHRISTOPHER ENFANTE, et al.,
Defendants.
Case No. 23-cv-00375-AGT
ORDER DENYING MOTION FOR
RELIEF FROM JUDGMENT
Re: Dkt. No. 68
This case was dismissed pursuant to Federal Rule of Civil Procedure 41(b) on July
19, 2024. Dkt. 44. Plaintiff Anthony McGee appealed that dismissal to the Ninth Circuit.
Dkt. 45. The Ninth Circuit summarily affirmed this Court’s judgment on December 19, 2024.
Dkt. 49.
Since then, McGee has filed four repetitive Rule 60(b) motions. See dkts. 53, 55, 57
& 68. Most recently, McGee filed such a motion on April 15, 2026, asserting grounds for
relief under Rules 60(b)(1), (3), (4), and (6). Dkt. 68. The Court finds this matter appropriate
for resolution without oral argument and denies all relief. See Civil L.R. 7-1(b).
For the reasons stated at dkt. 67, relief is denied under Rules 60(b)(3), (4), and (6).
Relief is additionally inappropriate under Rule 60(b)(1), which allows for relief
based on “mistake, inadvertence, surprise, or excusable neglect.” McGee argues that the
“Court mistakenly believed: 1) the DA lawfully accessed juvenile records, 2) valid juvenile
predicate existed[,] 3) the juvenile petition had legal effect.” Dkt. 68 at 8. Though McGee
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did not move under Rule 60(b)(1) in his previous requests, his arguments are duplicative of
previous motions. Therefore, for the reasons stated at dkt. 67, McGee’s request for relief
under Rule 60(b)(1) is denied.
Additionally, a Rule 60(b)(1) or (b)(3) motion must be made no more than a year
after the entry of judgment. See Fed. R. Civ. P. 60(c)(1). McGee’s motion can be further
denied on that basis.
Finally, the Court previously admonished McGee against filing additional and dupli-
cative motions. Dkt. 67 at 6. McGee was warned that filing of excessive or duplicative doc-
uments might result in the termination of his ECF privileges. Id. He then filed yet another
Rule 60(b) motion after that warning. See dkt. 68. Therefore, the Court now terminates
McGee’s ECF privileges.
The Court will not consider any further filings in this long-closed case.
IT IS SO ORDERED.
Dated: April 16, 2026
______________________________
Alex G. Tse
United States Magistrate Judge
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