Warner v. Cate et al

Filing 153

ORDER DENYING Plaintiff's Motion for Reconsideration 150 , signed by Magistrate Judge Michael J. Seng on 1/5/2017. (Hellings, J)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
EARL WARNER,

10

Plaintiff,

11
12

ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION

v.

13

Case No. 1:12-cv-01146-MJS (PC)

M. CATE, et al.,

(ECF No. 150)
Defendants.

14
15

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

16

17 rights action brought pursuant to 42 U.S.C. § 1983. (ECF No. 1 & 7.) This action
18 proceeds on Plaintiff’s first amended complaint (“FAC”) against Defendants Walker,
19 Davis1, Prokop, Spralding, and Fellows for failure to protect in violation of the Eighth
20 Amendment. (ECF No. 10.)
Plaintiff filed a motion to compel discovery. (ECF Nos. 126 & 129). On December

21

22 12, 2016, this Court issued an order granting in part and denying in part Plaintiff’s
23 motion to compel. (ECF No. 142.) Now pending before the Court is what Plaintiff labels
24 a “Motion for Reconsideration” of the Court’s order. (ECF No. 150.) Therein, Plaintiff
25 asks the Court to compel Defendant Walker to provide a response to Interrogatory No.
26 24, which reads:
27
28

1

Formerly designated Defendant D. McGaha.

1
2
3
4
5
6
7
8

“What is the name, C.D.C.R. No. current address of the other inmate assigned to
the cell of Plaintiff, in Building Two on January 19th and 20th, 2011?”
(ECF No. 150 at 2.)
Interrogatory No. 24 was not included in Plaintiff’s motion to compel. (See ECF
Nos. 126 at 22-28 & 129 at 22-28) (seeking to compel responses to Interrogatories Nos.
7, 11, 12, 13, 14, 15, & 17.) Plaintiff’s instant motion is therefore not a motion for
reconsideration, but rather a new motion to compel. This motion is untimely. (See ECF
Nos. 112 & 124.) For that reason Plaintiff’s motion is DENIED.

9 IT IS SO ORDERED.
10
11

Dated:

January 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2