Payne v. Martin et al

Filing 46

ORDER denying 44 Motion for Reconsideration signed by District Judge Troy L. Nunley on 4/23/13. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE THIEL PAYNE,

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Plaintiff,

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vs.

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No. 2:11-cv-1970 LKK EFB P

J. MARTIN, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. On February 5, 2013, the undersigned dismissed

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defendant Martin from this action without prejudice. Plaintiff seeks reconsideration of that

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order.

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Local Rule 230(j) requires that a motion for reconsideration state “what new or

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different facts or circumstances are claimed to exist which did not exist or were not shown upon

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such prior motion, or what other grounds exist for the motion,” and “why the facts or

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circumstances were not shown at the time of the prior motion.” E.D. Cal., Local Rule 230(j)(3)-

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(4).

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On October 17, 2012 the assigned magistrate judge provided plaintiff with
instructions for effecting service of process on defendant Martin and warned plaintiff that failure

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to comply with the order or to show good cause for such failure would result in a

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recommendation that defendant Martin be dismissed, citing Fed. R. Civ. P. 4(m). After plaintiff

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failed to comply with that order, the magistrate judge recommended that defendant Martin be

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dismissed. Plaintiff failed to file timely objections. Thereafter, the undersigned adopted the

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magistrate judge’s recommendation and dismissed defendant Martin .

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Through his request for reconsideration, plaintiff fails to demonstrate any new or
different facts or circumstances that entitle him to reconsideration of the order of dismissal.

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Therefore, IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration
is DENIED.
DATED: April 23, 2013

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Troy L. Nunley
United States District Judge

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