Lamon v. Director, California Department of Corrections et al

Filing 174

ORDER signed by Judge Garland E. Burrell, Jr. on 1/21/2010 ORDERING that, upon reconsideration, the 161 order, is AFFIRMED. (Engbretson, K.)

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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 vs. DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / On November 2, 2009, plaintiff filed a request for reconsideration of the magistrate judge's order filed October 20, 2009, striking plaintiff's motion for a court order relating to a transfer (docket no. 151) and denying plaintiff's motion for the return of original exhibits (docket no. 155). In this request, plaintiff also takes issue with the Magistrate Judge's determination not to revisit a prior ruling on a motion to compel (docket no. 134), based on plaintiff's amended "traverse" and her advisement to plaintiff that he faced sanctions should he continue to file documents and motions outside the motions schedule or unconnected to the litigation. ///// ///// 1 ORDER BARRY LAMON, Plaintiff, No. CIV S-06-0156 GEB KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 Pursuant to Local Rule 303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law. Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the magistrate judge filed October 20, 2009 (docket no. 161) , is affirmed. Dated: January 21, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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