Barron v. Martel et al

Filing 118

ORDER signed by Magistrate Judge Deborah Barnes on 10/20/16 ordering that plaintiff's "objections" 117 filed here on 10/17/16 is denied. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE E. BARRON, 12 13 14 No. 2:10-cv-1567 MCE DB P Plaintiff, v. ORDER M. MARTEL, et al., 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. In an order signed September 30 and filed October 3, 2016, the 19 court denied plaintiff’s motions for production of documents and for the issuance of a subpoena 20 duces tecum. (ECF No. 116.) Plaintiff has filed an “objection” to the denials of those motions. 21 (ECF No. 117.) The court construes plaintiff’s objections as a motion for reconsideration of the 22 court’s order. 23 Under Local Rule 230(j), a party may seek reconsideration of the denial of a motion by 24 showing, among other things, “what new or different facts or circumstances are claimed to exist 25 which did not exist or were not shown upon such prior motion, or what other grounds exist for the 26 motion,” and “why the facts or circumstances were not shown at the time of the prior motion.” 27 Plaintiff reiterates the arguments made previously in his May 31, 2016 motion for production of 28 documents (ECF No. 107) and his September 23, 2016 motion for the issuance of a subpoena 1 1 duces tecum (ECF No. 114). Because plaintiff has not shown that something new or different 2 from what he argued previously justifies reconsideration of the court’s order denying his motion, 3 IT IS HEREBY ORDERED that plaintiff’s “Objection” (ECF No. 117) filed here on October 17, 4 2016 is denied. 5 Dated: October 20, 2016 6 7 8 9 10 11 12 13 14 15 DLB9 DLB1/prisoner-civil rights/Barr1567.recon 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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