Reyes v. Smith et al

Filing 51

ORDER signed by District Judge Kimberly J. Mueller on 9/13/2018 DENYING the 47 Motion for Reconsideration. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)

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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 REYES,

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Plaintiff,

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No. 2:12-cv-0652-KJM-DMC-P

v.

ORDER

CHRISTOPHER SMITH, et al.,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under

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42 U.S.C. § 1983. Plaintiff’s motion (Doc. 47) for reconsideration of the Magistrate Judge’s

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September 13, 2017 order denying counsel is pending before the court.
Under Eastern District of California Local Rule 303(f), a Magistrate Judge’s order

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shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the file, the court

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finds the magistrate judge’s ruling was not clearly erroneous or contrary to law. This finding is

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without prejudice to the newly assigned magistrate judge’s revisiting the question of appointment

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of counsel in connection with his review of the briefing on summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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The motion for reconsideration (Doc. 47) is denied; and

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This case is referred back to the assigned magistrate judge for all further

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pretrial proceedings.

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DATED: September 13, 2018.

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UNITED STATES DISTRICT JUDGE

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