Brown v. Beagley et al

Filing 33

ORDER DENYING 30 Motion to Reconsider, signed by Magistrate Judge Jennifer L. Thurston on 10/7/2011. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BENNIE RAY BROWN,

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Plaintiff,
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v.
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OFFICER JESS BEAGLEY, et al.,
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Defendants.
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_____________________________________)

1:10-CV-01460-OWW-JLT
ORDER DENYING MOTION TO
RECONSIDER
(Doc. 30)

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On July 12, 2011, Plaintiff Bennie Ray Brown (“Plaintiff”) filed a “motion pursuant to

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Federal Rules of Civil Procedure 16 sections (a) (1)(2)(3)(5) and Rules 26 and 56,” (Doc. 20)

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which Defendants opposed on July 27, 2011. (Doc. 21). In his July 12, 2011 motion Plaintiff

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sought to have the Court set a conference for the purpose of:

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(1) Expediting disposition of the action;
(2) Establishing early and continuing control so that the case will not be
protracted because of lack of management;
(3) Discouraging wasteful pretrial activities;
(4) Facilitating settlement

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and for “Determining the appropriateness and timing of summary adjudication under rule 56 . . .”

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(Doc. 20 at 2-3)

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On August 29, 2011, the Court denied Plaintiff’s motion as moot. (Doc. 23) The reason

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for the Court’s order was because “on June 21, 2011, a Rule 26 scheduling conference was set in

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the matter. (Doc. 19).” Id.

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Now, Plaintiff has filed a motion to reconsider the Court’s order. (Doc. 30) The motion

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is nearly indecipherable. Plaintiff seems to be under the impression that the Court’s earlier order

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was a “Findings and Recommendation;” it was not and therefore, he did not have the right to

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make objections. Moreover, there is no fathomable reason why he would object.

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It appears that Plaintiff’s concern stems from his misunderstanding of what has occurred

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and what will occur at the scheduling conference. Indeed, the Court agrees that each of the

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purposes of the conference that Plaintiff sought in his July 12, 2011 motion. (Doc. 21) However,

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by the time that Plaintiff had filed his motion, the Court had already scheduled a Rule 16

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conference–called a “Scheduling Conference”--at which time these goals would be met.

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(Doc. 19) Thus, his motion was moot.
Because Plaintiff’s motion for reconsideration is frivolous and demonstrates no error by

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the Court, the Court declines to reconsider its previous order and Plaintiff’s motion for

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reconsideration is DENIED.

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IT IS SO ORDERED.

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Dated: October 7, 2011
9j7khi

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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE