Hughes v. City of Mariposa et al

Filing 46

ORDER Denying Plaintiff's Motion for Reconsideration 45 , With Prejudice; ORDER Directing the Clerk's Office to Open a New Action for the Complaint Filed February 2, 2011 41 , signed by Magistrate Judge Sandra M. Snyder on 5/9/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BERNARD C. HUGHES,

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Plaintiff,

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CASE NO. 1:09-cv-02249-SMS PC
ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION, WITH PREJUDICE

v.
(ECF No. 45)

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CITY OF MARIPOSA, et al.,

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Defendants.

ORDER DIRECTING THE CLERK’S OFFICE
TO OPEN A NEW ACTION FOR THE
COMPLAINT FILED FEBRUARY 2, 2011

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/ (ECF NO. 42)
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Plaintiff Bernard C. Hughes (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 27, 2011, an order was

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issued denying Plaintiff’s motion to file a separate complaint and striking the third amended

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complaint. (ECF No. 44.) Plaintiff filed a motion for reconsideration on May 4, 2011. (ECF No.

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45.)

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Plaintiff states that in the order dismissing his complaint issued on October 22, 2010, he was

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ordered to file a separate complaint. Being concerned that there would be statute of limitations

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issues he filed the motion and separate complaint. He did not intend to file a third amended

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complaint in this action.

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The Court will deny Plaintiff’s motion for reconsideration. However, since it appears that

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Plaintiff was attempting to file a separate action alleging the claims that were dismissed in this case,

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the Court will order that a separate civil action be opened for the complaint filed February 2, 2011.

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Based on the foregoing, it is HEREBY ORDERED that:

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Plaintiff’s motion for reconsideration filed May 4, 2011, is DENIED, with prejudice;
and

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2.

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The Clerk of the Court is directed to open a separate civil action for the complaint
filed February 2, 2011.

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IT IS SO ORDERED.

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Dated:
icido3

May 9, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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