Brown v. Horel

Filing 30

ORDER signed by Judge Frank C. Damrell, Jr on 10/19/09 ORDERING that Petitioner's September 8, 2009 motion for reconsideration 28 is DENIED; and Petitioner's request for an evidentiary hearing 28 is DENIED. (Becknal, R)

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 denied; and 1 vs. ROBERT A. HOREL, et al., Respondents. / On September 8, 2009, petitioner filed a motion requesting reconsideration of the magistrate judge's order filed April 21, 2009, denying petitioner's motion for the appointment of counsel. Local Rule 72-303(b), states "rulings by Magistrate Judges shall be final if no reconsideration thereof is sought from the Court within ten court days . . . from the date of service of the ruling on the parties." E.D. Local Rule 72-303(b). Petitioner's motion is untimely and will be denied. Also in his motion for reconsideration, petitioner requests an evidentiary hearing. Petitioner provides no explanation or legal basis for such a hearing; therefore, the request will be denied. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's September 8, 2009 motion for reconsideration (Doc. No. 28) is ORDER E'DRICK BROWN Petitioner, No. CIV S-08-1401 FCD DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. Petitioner's request for an evidentiary hearing (Doc. No. 28) is denied. DATED: October 19, 2009.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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