Saunders v. Saunders et al

Filing 48

ORDER Denying 47 Motion for Reconsideration, signed by District Judge Raner Collins on 4/19/11. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Jason Saunders,
Plaintiff,

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vs.

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Jerry Saunders, et al.,
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Defendants.
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No. CV 1-05-0699-RCC
ORDER

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The Court dismissed Plaintiff’s case, because he missed a mandatory deadline for

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filing an amended complaint. (Doc. 42). Plaintiff filed Motions for Reconsideration, arguing

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that he had timely filed a Motion for Extension of Time, which the Court never received.

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(Docs. 43 & 44). The Court denied relief, because (i) Plaintiff’s filing deadline remained in

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place until the Court granted the Motion for Extension of Time, and (ii) Plaintiff provided

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no proof as to when or how he mailed the Motion. (Doc. 46).

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Plaintiff now argues that the Court denied him relief because he did not file proof of

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service of the Motion for Extension of Time, and that this constitutes clear error because he

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was not required to serve the Motion. (Doc. 47). This is clearly an erroneous reading of the

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Order, and the Court sees no reason to grant Plaintiff relief at this point. See Hamilton v.

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Newland, 374 F.3d 822 (9th Cir. 2004); Delay v. Gordon, 475 F.3d 1039, 1044 (9th Cir.

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2007).

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Accordingly,

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IT IS ORDERED denying Plaintiff’s Motion for Reconsideration. (Doc. 47).

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DATED this 19th day of April, 2011.

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