Lamon v. Adams et al

Filing 264

ORDER Denying Plaintiff's Motion To Reconsider Its Order Striking Plaintiff's Opposition Brief And Striking Plaintiff's Objections (Doc. 263 ), signed by Magistrate Judge Sandra M. Snyder on 5/21/2014. (Fahrney, E)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 BARRY LOUIS LAMON Plaintiff, 11 v. 12 13 Case No. 1:09-cv-00205-LJO-SMS PC ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER ITS ORDER STRIKING PLAINTIFF'S OPPOSITION BRIEF AND STRIKING PLAINTIFF'S OBJECTIONS DERRAL ADAMS, et al., Defendants. 14 (Doc. 263) 15 On April 24, 2014, this Court denied Plaintiff's motion for enlargement of time for lack of 16 17 good cause. Doc. 258. On May 9, 2014, Plaintiff filed an untimely motion for reconsideration. 18 Plaintiff having failed to establish good cause for reconsideration of the Court's April 24, 2014 order 19 denying enlargement of time, the Court denied the motion. 20 Despite the Court's denial of Plaintiff's motion to enlarge time, on May 5, 2005, Plaintiff 21 22 filed an untimely reply brief. The Court struck the brief as untimely. 23 Plaintiff now moves for reconsideration of the Court's order striking his reply brief. Since 24 the Court has repeatedly denied Plaintiff's prior motions regarding the untimely submission of his 25 reply brief, this motion is duplicative, frivolous, and abusive of the Court and the Defendants. As 26 27 this Court has repeatedly stated, Plaintiff's disagreement with the Court's rulings is not grounds for /// 28 1 1 2 3 reconsideration. See Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009); Harvest v. Castro, 531 F.3d 737, 748-49 (9th Cir. 2008). Accordingly, the Court hereby DENIES, with prejudice, Plaintiff's Motion for the Magistrate 4 Judge to Reconsider Her Order Striking My Opposition (Doc. 263) and STRIKES Plaintiff's 5 Objections to the Court Order (Doc. 263). No further motions for reconsideration will be 6 considered, and if one is filed, it will be summarily stricken from the record without further notice. 7 8 9 10 11 12 IT IS SO ORDERED. Dated: May 21, 2014 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?