Birrell v. Knauf et al

Filing 39

ORDER signed by Judge Garland E. Burrell, Jr. on 07/07/11 DENYING 35 Motion for Reconsideration; AFFIRMING 32 Order. No further motions for reconsideration of this order will be considered. (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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DAVID WESLEY BIRRELL,
aka BELLA-CHRISTINA BIRRELL,

No. CIV S-10-1707-GEB-CMK-P

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Plaintiff,
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vs.

ORDER

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KEITH HARLAN KNAUF, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s document entitled “Plaintiff’s Objections

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to the Magistrate Judge’s Order Denying the Filing of Plaintiff’s Second Amended Complaint

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Pursuant to Federal Rules of Civil Procedure, Rule 72(a)” (Doc. 35), which is construed as a

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motion for reconsideration of the court’s June 7, 2011, order denying leave to amend (Doc. 32).

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Pursuant to Eastern District of California Local Rule 303(f), a Magistrate Judge’s

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order shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the entire

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file, the court finds that it does not appear that the Magistrate Judge’s ruling was clearly

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erroneous or contrary to law. The June 7, 2011, order (Doc. 32) is, therefore, affirmed.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The motion for reconsideration (Doc. 35) is denied;

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The Magistrate Judge’s June 7, 2011, order (Doc. 32) is affirmed; and

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No further motions for reconsideration of this order will be considered.

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Dated: July 7, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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