Lipsey v. Hand-Ronga, et al.

Filing 41

ORDER DENYING Plaintiff's 38 Motion for Reconsideration Filed on December 16, 2019, signed by Chief Judge Lawrence J. O'Neill on 12/20/2019. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff,
vs.

1:17-cv-01704-LJO-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION
FILED ON DECEMBER 16, 2019
(ECF No. 38.)

N. HAND-RONGA, et al.,
Defendants.

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Christopher Lipsey, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On November 19, 2019, this

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case was dismissed, with prejudice, for failure to state a claim, and judgment was entered. (ECF

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Nos. 35, 36.)

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On December 16, 2019, Plaintiff filed a motion for relief under Rules 59 and 60(b) of the

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Federal Rules of Civil Procedure and lodged a proposed Fifth Amended Complaint. (ECF Nos.

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38. 39.) The court construes Plaintiff’s motion as a motion for reconsideration of the order

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dismissing this case. This motion is substantially similar to the motion for relief filed by Plaintiff

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on December 13, 2019 and fails for the same reasons outlined in the court’s order issued on

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December 17, 2019. Therefore, Plaintiff’s motion for reconsideration filed on December 16,

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2019, shall be denied, and the court shall not consider the proposed Fifth Amended Complaint.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for reconsideration filed on December 16, 2019, is DENIED;

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2.

The court shall not consider the proposed Fifth Amended Complaint lodged by

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Plaintiff on December 16, 2019; and
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No further motions for reconsideration shall be considered in this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 20, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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