Smith v. State of California, et al.

Filing 28

ORDER Denying Plaintiff's 27 Motion for Leave to Supplement Motion for Reconsideration, signed by Judge Oliver W. Wanger on 4/14/2011. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT P. SMITH, III,

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Plaintiff,

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CASE NO. 1:09-cv-02088-OWW-SKO PC
ORDER DENYING PLAINTIFF’S MOTION
FOR LEAVE TO SUPPLEMENT MOTION
FOR RECONSIDERATION

v.
CALIFORNIA DEPARTMENT
OF CORRECTIONS
AND REHABILITATION, et al.,

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(Doc. 27)

Defendants.
/

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Plaintiff Robert P. Smith, III is a state prisoner who was proceeding pro se in this civil action.

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On September 29, 2010, the Court granted Plaintiff’s motion to remand this action to Kings County

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Superior Court and denied his motion for sanctions. On October 18, 2010, Plaintiff filed a motion

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seeking reconsideration of the denial of his motion for sanctions. Defendants did not file a response

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and the motion was denied, with prejudice, on April 13, 2011, following the issuance an order from

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the Ninth Circuit staying Plaintiff’s appeal pending a ruling on the motion. (Docs. 25, 26.) On April

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12, 2011, Plaintiff filed a motion seeking leave to supplement his motion for reconsideration. (Doc.

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27.)

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The Court has already issued its ruling on Plaintiff’s motion for reconsideration and
Plaintiff’s motion for leave to supplement, filed April 13, 2011, is HEREBY DENIED.1

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IT IS SO ORDERED.

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Dated:
April 14, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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The Court’s order was issued on April 12, 2011, but it was not docketed until the next day. Plaintiff’s
motion was docketed on April 13, 2011.

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