Gordon v. Fresno County Jail, et al.

Filing 12

ORDER DENYING Plaintiff's Motion for Reconsideration 11 , signed by Judge Oliver W. Wanger on 5/2/11. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALPHEOUS E. GORDON,

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CASE NO. 1:11-cv-000216-OWW-SMS PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION

v.

(ECF No. 11)

FRESNO COUNTY JAIL,
Defendant.
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Plaintiff Alpheous E. Gordon, is a federal prisoner proceeding pro se in this civil action
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pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
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(1971), which provides a remedy for violation of civil rights by federal actors. Plaintiff filed this
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action on February 8, 2011. On February 15, 2011, an order to show cause why Plaintiff’s
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application to proceed in forma pauperis should not be denied issued and on March 28, 2011,
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Plaintiff’s application to proceed in forma pauperis was denied pursuant to 28 U.S.C. § 1915(g).
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(ECF Nos. 4, 7.) On April 21, 2011, Plaintiff filed an untitled motion . (ECF No. 11.) Plaintiff
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requests the Court to grant the motion based on issues with his mail and meals.
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To the extent that the motion is construed to be a motion for reconsideration, it is without
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merit. Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the
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district court. The Rule permits a district court to relieve a party from a final order or judgment on
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grounds of: “(1) mistake, inadvertence, surprise, or excusable neglect; (3) fraud . . . of an adverse
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party, . . . or (6) any other reason justifying relief from the operation of the judgment.” Fed. R. Civ.
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P. 60(b). Plaintiff’s motion is devoid of any ground entitling Plaintiff to reconsideration of the

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Court’s order and is denied.

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Accordingly, Plaintiff’s motion, filed April 21, 2011, is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
May 2, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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