Woodis v. King

Filing 12

ORDER Denying Plaintiff's 11 Request for Reconsideration of Dismissal of Action signed by District Judge Lawrence J. O'Neill on 01/29/2015. (Flores, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

DENO EUGENE WOODIS,

11
12
13
14

Plaintiff,
v.
ANDRE KING,

CASE NO. 1:13-cv-01136-LJO-MJS (PC)
ORDER DENYING PLAINTIFF’S
REQUEST FOR RECONSIDERATION OF
DISMISSAL OF ACTION
(ECF No. 11)

Defendant.

15
16

Plaintiff is a civil detainee proceeding pro se in this civil rights action brought

17

pursuant to 42 U.S.C. § 1983. On November 19, 2013, the undersigned adopted the

18

Magistrate Judge’s findings and recommendation to dismiss the action without prejudice

19

for failure to obey Court orders and failure to prosecute. (ECF No. 7.) The Clerk entered

20

judgment thereon (ECF No. 8), and the action was closed.

21

On November 25, 2013, Plaintiff filed a request for an order reviewing a grand jury

22

decision and for change of venue. (ECF No. 9.) On December 2, 2013, the undersigned

23

construed the request as a request for reconsideration of the dismissal. (ECF No. 10.)

24

The request was denied. (Id.)

25

Before the Court is Plaintiff’s January 26, 2015 motion for an order reviewing a

26

grand jury decision and for change of venue. (ECF No. 11.) The motion is identical to

27

Plaintiff’s November 25, 2013 motion. (ECF No. 9.)

28
1

1

Accordingly, for the reasons stated in the Court’s December 2, 2013 order (ECF

2

No. 10), Plaintiff’s motion for an order reviewing a grand jury decision and for change of

3

venue, which the Court construes as a request for reconsideration, is HEREBY DENIED.

4
5
6

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 29, 2015

UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2