Locklear v. Schwiner et al

Filing 45

ORDER signed by Judge Morrison C. England, Jr. on 3/28/2012 DENYING 44 Motion for Reconsideration of the 42 Order Adopting Findings and Recommendations construed as a Motion for Relief from Judgment. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD LOCKLEAR,
Plaintiff,

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vs.

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No. 2:09-cv-2594 MCE JFM (PC)

DR. SCHWINER, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On October 11, 2011, plaintiff filed a motion for reconsideration of this

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court’s July 20, 2011 (ECF No. 42), order adopting in full findings and recommendations issued

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by the magistrate judge on June 6, 2011, and granting defendants’ motion for summary judgment.

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The court construes this motion as a motion for relief from judgment pursuant to Fed. R. Civ. P.

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60(b).

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Rule 60(b) of the Federal Rules of Civil Procedures provides in relevant part for

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relief from judgment on the basis of “ mistake, inadvertence, surprise, or excusable neglect” or

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“any other ground that justifies relief.” Fed. R. Civ. Pro. 60(b)(1), (6). Plaintiff has not made a

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showing in his motion for reconsideration that supports his request for relief from the judgment

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entered in this action.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 11, 2011 motion

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for reconsideration is construed as a motion for relief from judgment and, so construed, is

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DENIED.

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Dated: March 28, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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