Ballard v. USA

Filing 28

ORDER signed by Senior Judge Lawrence K. Karlton on 07/07/09 DENYING plf's 21 Motion for Reconsideration. (Benson, A.)

1 2 3 4 5 6 7 8 9 JOHN MARVIN BALLARD, 10 NO. CIV. S-07-2527 LKK/DAD P 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 / Petitioner is proceedings pro se and has petitioned for a writ of coram nobis. Pending before the court is the petitioner's appeal from the magistrate judge's December 17, 2008 order denying him a court order to permit regular access to the jail's law library, to make unmonitored telephone calls for legal purposes, and for defense funds. The court construes this as a motion for v. ORDER UNITED STATES OF AMERICA, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

reconsideration of the magistrate judge's order. Pursuant to Eastern District of California Local Rule 72303(f) and 28 U.S.C. § 636(b)(1)(A), a magistrate judge's order shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear 1

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that the magistrate judge's rulings were clearly erroneous or contrary to law.1 The December 17, 2008 order is, therefore, affirmed. Accordingly, plaintiff's request for reconsideration (docket no. 21) is DENIED. IT IS SO ORDERED.

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 In his "appeal," the petitioner contends that he only sought an order stating that he is a pro se litigant, not granting him preferential access to the library. It appears, however, that there have been several orders issued in this case that identify petitioner as a pro se litigant. See Doc. Nos. 6, 9. 2
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DATED: July 7, 2009.