As expected from her previous four rulings on the matter, Judge Allison D. Burroughs rejected Jose “Chille” DeCastro’s fifth attempt at a motion to reconsider her decision denying his claim that he filed his motion to voluntarily dismiss his case against Kate Peter and Josh Abrams before Peter and Abrams submitted their counter claims in the case. The judge stated that DeCastro had provided no evidence that he had used the Electronic Filing System when he allegedly submitted his motion to dismiss.
The judge further warned DeCastro, Judge Allison D. Burroughs wrote:
ELECTRONIC ORDER entered. Plaintiff has moved, for the fifth time, [see ECF Nos. 55, 58, 59, 66, 73 ], for the Court to retroactively find that his notice of voluntary dismissal (the “Notice”) was filed before Defendants answered his complaint, relying on the same arguments he raised in his prior filings. The only change, this time, is that he has moved under Rule 60(a) of the Federal Rules of Civil Procedure, which allows a court to “correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.” As the Court has explained in its prior orders, Plaintiff has not pointed to any evidence that indicates that he actually filed his Notice before Defendants answered. First, although Plaintiff claims to have filed the Notice on November 6, 2022, there is no evidence that he did so. In fact, Plaintiff himself acknowledged in an email exchange with the clerk of the court, which he appended to ECF No. 58, that—even assuming he did attempt to file the Notice on November 6—“it didn’t work[.]” [ECF No. 58 at 15]. Moreover, the search history, which Plaintiff refers to as “metadata,” that Plaintiff has repeatedly submitted to suggest that he attempted to file his notice on November 6, 2022 shows only that he visited the electronic filing website, not that he filed any papers with the Court. Second, regarding the emails to opposing counsel that Plaintiff contends support finding that he dismissed his case before Defendants answered, all the parties have been granted access to the Court’s electronic filing system and are registered ECF users and Local Rule 5.4(a) states that “[u]nless exempt or otherwise ordered by the court, all pleadings and other papers submitted to the court must be filed, signed, and verified by electronic means as provided herein.” In other words, for Plaintiff’s notice to have effect, he was required to file it on the docket via the Court’s electronic filing system and, as he acknowledged in his email to the clerk of the court on November 8, 2022, Plaintiff had not filed anything on the Court’s electronic filing in the month of November. [ECF No. 58 at 15]. The Court therefore DENIES Plaintiff’s motion, [ECF No. 73 ], and Plaintiff is ORDERED to not file additional motions seeking the same relief, relying on the same arguments that have been denied five times over. Should Plaintiff file another motion on this topic despite being ordered not to, the motion will be denied without further explanation. (McManus, Caetlin) (Entered: 11/30/2022)
Case Links
The Public Documents of Jose Maria “Chille” DeCastro
https://thepublicdocuments.com/
DeCastro vs. Peter, etc. – California State Superior Court
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil (Use case: 23SMCV00538)
DeCastro vs. Las Vegas Metropolitan Police Department
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
DeCastro vs. Mcknight (Federal Court filed in Nevada vs. Ohio)
https://www.courtlistener.com/docket/68308740/decastro-v-mcknight/
DeCastro vs. Wagner (Ironton) – APPEAL
https://www.courtlistener.com/docket/67862227/jose-decastro-v-pam-wagner/
Feb 14, 2024 Arrest (Las Vegas)
https://municourt.lasvegasnevada.gov (Defendants, DeCastro, Jose, 9/11/74)
Maryland Criminal Complaint by Collin Campbell
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CR-24-000572)
DeCastro vs. State of Nevada (Appeal of March 2024 conviction)
https://www.clarkcountycourts.us (Use case: C-24-381730-A)
DeCastro vs. Evan McKnight, Defendants (Lawsuit against Ironton filed in Nevada state court)
https://www.clarkcountycourts.us (Use case: A-24-888450-C)
Rodgers v. Winfrey (Deboraugh Rodgers Federal Case)
https://www.courtlistener.com/docket/66901243/rodgers-v-winfrey/
Dollarhide v. Dickens (Jason Dollarhide Federal Case)
https://www.courtlistener.com/docket/64862375/dollarhide-v-dickens/
DeCastro vs. Abrams & Peter (Dismissed)
https://www.courtlistener.com/docket/64946355/decastro-v-abrams/
DeCastro vs. Wagner (Ironton) (Dismissed)
https://www.courtlistener.com/docket/63235878/decastro-v-wagner/
DeCastro vs. Las Vegas Metropolitan Police Department – APPEAL (Dismissed)
https://www.courtlistener.com/docket/67693595/jose-decastro-v-lvmpd/
Wallace v. Las Vegas Metropolitan Police Department (Dismissed)
https://www.courtlistener.com/docket/67423252/wallace-v-las-vegas-metropolitan-police-department/
Maryland Peace Order by Collin Campbell (Closed)
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CV-24-809545)
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