Shavers v. Ruiz et al.

Filing 21

ORDER DENYING 20 Rule 59 Motion With Prejudice signed by District Judge Lawrence J. O'Neill on 6/24/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE LEE SHAVERS,

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Plaintiff,

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Case No. 1:12-cv-00394-LJO-SKO PC
ORDER DENYING RULE 59 MOTION,
WITH PREJUDICE

v.

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(Doc. 20)
RUIZ, et al.,

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Defendants.

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15 _________________________________/
On June 21, 2013, Plaintiff Jesse Lee Shavers, a state prisoner who was proceeding pro se

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17 in this action brought under 42 U.S.C. § 1983, filed a motion seeking to alter or amend judgment
18 pursuant to Federal Rule of Civil Procedure 59(e). Rule 59 pertains to altering or amending
19 judgment following trial. In addition to the untimeliness of the motion, this action was dismissed
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20 prior to trial and Rule 59 is inapplicable.

Accordingly, Plaintiff’s motion for relief pursuant to Rule 59 is HEREBY ORDERED

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22 DENIED, with prejudice.
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IT IS SO ORDERED.
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Dated:

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June 24, 2013

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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Plaintiff’s motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b) was denied on
November 5, 2012.

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