Gipbsin v. Kernan, et al

Filing 113

ORDER denying 112 Motion for Reconsideration signed by Judge Garland E. Burrell, Jr on 5/28/15. (Kaminski, H)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

CLARENCE A. GIPBSIN,

9
10
11

No. 2:12-cv-00556-GEB-DAD

Plaintiff,
v.

ORDER

SCOTT KERNAN, et al.,

12

Defendants.

13
14

Plaintiff is a state prisoner proceeding pro se and in

15

forma pauperis. Pending are multiple dismissal motions in which

16

certain

17

Complaint, arguing it is barred by the applicable statute of

18

limitations. (See ECF Nos. 84, 85, 88, 93, 96, 101.)

Defendants

seek

dismissal

of

the

Second

Amended

19

On May 18, 2015, Plaintiff filed an “Appeal to the U.S.

20

Eastern District Judge,” in which Plaintiff references multiple

21

motions he filed, which were denied in the Magistrate Judge’s

22

Orders dated March 2, 2015, and April 16, 2016, and indicates his

23

desire to obtain a ruling on the referenced dismissal motions.

24

(Pl.’s Appeal, ECF No. 112.) To the extent Plaintiff seeks in his

25

“appeal”

26

Magistrate

27

Plaintiff has not shown that any portion of those orders is

28

clearly erroneous or contrary to law. Therefore, reconsideration

reconsideration
Judge’s

March

under
2,

2015

1

Local
and

Rule
April

303(c)
16,

2016

of

the

Orders,

1

of those orders is DENIED.

2

Further,
a

to

ruling

on

the
the

extent

Plaintiff

3

“appeal”

referenced

4

specified date, that request is DENIED.

5

Dated:

May 28, 2015

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

also

dismissal

seeks

in

motions

his

by

a