Johnson v. Frauenheim et al

Filing 70

ORDER SETTING Deadline for Plaintiff to File a Reply to Defendants' Opposition to Plaintiff's Request to Amend or Alter Judgment under Rule 59(e); Fourteen (14) Day Deadline signed by Magistrate Judge Sheila K. Oberto on 5/19/2017. (Sant Agata, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 Case No. 1:14-cv-01601-LJO-SKO (PC) 8 LACEDRIC W. JOHNSON, 9 Plaintiff, 10 11 v. ORDER SETTING DEADLINE FOR PLAINTIFF TO FILE A REPLY TO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S REQUEST TO AMEND OR ALTER JUDGMENT UNDER RULE 59(e) FRAUENHEIM, et al., (Doc. 69) 12 Defendants. FOURTEEN (14) DAY DEADLINE 13 14 On March 27, 2017, Plaintiff filed a “Motion to Alter or Amend Judgment” (Doc. 67), 15 16 challenging the Court’s order of March 1, 2017, (Doc. 63), which granted Defendants’ Motion for 17 Summary Judgment for Plaintiff’s failure to exhaust available administrative remedies. 18 Defendants were directed to file an opposition and have complied. (Docs. 68, 69.) In their 19 opposition, Defendants indicate that Plaintiff’s motion fails to show any new facts, new law, or 20 manifest errors of law or fact upon which the judgment rests tantamount to manifest injustice. 21 (Doc. 69.) Defendants assert that Plaintiff’s motion should be denied as it merely rehashes 22 Plaintiff’s opposition to Defendants’ Motion for Summary Judgment. (Id.) Accordingly, it is HEREBY ORDERED that Plaintiff is granted fourteen (14) days 23 24 from the date of service of this order to file a reply, if any, to Defendants’ opposition. 25 26 IT IS SO ORDERED. 27 Dated: 28 May 19, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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