Calloway v. Scribner et al

Filing 54

ORDER denying 47 Motion for Reconsideration signed by Magistrate Judge Dennis L. Beck on 10/15/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMISIS JERMAINE CALLOWAY,

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Plaintiff,

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Case No. 1:11-cv-00803 DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION

v.
[ECF No. 47]

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A. K. SCRIBNER, et al.,

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Defendants.

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Plaintiff Jamisis Jermaine Calloway (“Plaintiff”) is a California state prisoner proceeding pro

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se in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 17, 2011.1
On May 9, 2013, Plaintiff filed a motion for reconsideration of the Court’s March 11, 2013,

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order granting Defendant Chen’s motion to dismiss. The undersigned denied the motion for

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reconsideration on August 25, 2014. On September 12, 2014, Plaintiff filed a motion for

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reconsideration by the district judge of the undersigned’s order denying his motion for

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reconsideration. Plaintiff is advised that this case has been referred to the undersigned to conduct

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any and all proceedings, including entry of judgment, insofar as both parties have consented to the

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jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c). According to 28 U.S.C. §

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636(c)(3) and Local Rule 305(c), Plaintiff’s avenue is to seek relief with the Ninth Circuit Court of

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Appeals.

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On June 1, 2011, Plaintiff consented to the jurisdiction of the Magistrate Judge. On February 21, 2013, and February
26, 2013, Defendants Allison, Salama, and Chen consented to the jurisdiction of the Magistrate Judge.

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ORDER
Based on the foregoing, Plaintiff’s motion for reconsideration is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 15, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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