Carlos Villegas v. Cate et al

Filing 34

ORDER Denying 33 Motion for Reconsideration, With Prejudice, signed by Magistrate Judge Sheila K. Oberto on 9/27/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS VILLEGAS,

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Plaintiff,

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Case No. 1:10-cv-01917-AWI-SKO PC
ORDER DENYING MOTION FOR
RECONSIDERATION, WITH PREJUDICE

v.
(Doc. 33)

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MATHEW CATE, et al.,
Defendants.
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Plaintiff Carlos Villegas, a state prisoner proceeding pro se and in forma pauperis, filed

18 this civil rights action pursuant to 42 U.S.C. § 1983 on October 14, 2010.

This action is

19 proceeding on Plaintiff’s amended complaint against Defendant Neubarth for acting with
20 deliberate indifference to Plaintiff’s serious medical needs, in violation of the Eighth Amendment
21 of the United States Constitution.
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On August 19, 2013, the Court issued an order denying Plaintiff’s motion for the issuance

23 of a subpoena for service on Defendant. On September 23, 2013, Plaintiff filed a motion for
24 reconsideration.
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Plaintiff has identified no basis for reconsideration. Fed. R. Civ. P. 60(b); Local Rule

26 230(j). The Court and the United States Marshal are in the process of serving Defendant, and the
27 issuance of another subpoena is not necessary at this time. If an order directing re-service with
28 new documents becomes necessary, the Court will issue an order.

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Accordingly, Plaintiff’s motion for reconsideration is HEREBY DENIED, with prejudice.

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IT IS SO ORDERED.
Dated:

September 27, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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