Clinton v. California Department of Corrections et al

Filing 558

ORDER signed by Judge John A. Mendez on 5/14/15 ORDERING that the Motion for Reconsideration 553 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS CLINTON,

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Plaintiff,

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No. 2:05-cv-1600-JAM-CMK

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s motion for reconsideration (Doc. 553).

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Plaintiff fails to specify what order he is seeking reconsideration of, but refers the Magistrate

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Judge’s January 1, 2011, order as well as claims against defendants who have been terminated

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from this action.
Pursuant to Eastern District of California Local Rule 303(b), “rulings by

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Magistrate Judges . . . shall be final if no reconsideration thereof is sought from the Court within

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fourteen (14) days calculated from the date of service of the ruling on the parties . . . .” Here, the

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motion for reconsideration of the magistrate judge’s order was filed on January 22, 2015, well

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beyond 14 days from the date of service of the Magistrate Judge’s order. The motion is,

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therefore, untimely.

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///

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In addition, Local Rule 303(f) provides that a Magistrate Judge’s order shall be

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upheld unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court

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finds that it does not appear that the Magistrate Judge’s ruling was clearly erroneous or contrary

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to law. The sanctions request plaintiff refers to in the motion were in response to documents in

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support of claims that have been resolved by summary judgment. The only remaining claim in

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this case relates to defendant Cooper’s alleged failure to honor plaintiff’s medical chronos.

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Accordingly, IT IS HEREBY ORDERED that the motion for reconsideration

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(Doc. 553) is denied.

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DATED: May 14, 2015

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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