Chappell v. Fleming et al

Filing 81

ORDER signed by Chief Judge Morrison C. England, Jr on 10/29/14 ORDERING plaintiff's Motion for Reconsideration, ECF No. 80 , is DENIED. (Becknal, R)

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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 REX CHAPPELL, 12 Plaintiff, 13 14 No. 2:12-cv-0234-MCE-AC P v. ORDER OFFICER FLEMING, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. On September 22, 18 2014, the assigned magistrate judge issued an Order, ECF No. 79, denying Plaintiff’s Motion for 19 Appointment of Counsel. On October 15, 2014, Plaintiff filed the instant Motion for 20 Reconsideration. ECF No. 80. 21 Local Rule 303(b) states that “[r]ulings by Magistrate Judges . . . shall be final if no 22 reconsideration thereof is sought from the Court within fourteen days . . . from the date of service 23 of the ruling on the parties.” Id. Because Plaintiff’s Motion for Reconsideration was not filed 24 within fourteen days of the magistrate judge’s September 22, 2014, Order, the Motion for 25 Reconsideration is untimely and the magistrate judge’s Order is final. 26 /// 27 /// 28 /// 1 Accordingly, Plaintiff’s Motion for Reconsideration, ECF No. 80, is DENIED. 2 IT IS SO ORDERED. 3 Dated: October 29, 2014 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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