Morris v. Nangalama et al

Filing 27

ORDER signed by Chief Judge Morrison C. England, Jr. on 8/27/2013 ORDERING that Plaintiff's 26 Motion for Reconsideration is DENIED. Plaintiff shall pay the $350.00 filing fee within seven days from the date of this order. No further extensions of time will be granted. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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No. 2:12-cv-01202 MCE KJN P

Plaintiff,
v.

ORDER

DR. NANGALAMA, et al.,
Defendants.

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On May 23, 2013, plaintiff filed a document styled as a “Motion for Reconsideration.”

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That motion appears to ask this Court to reconsider its May 13, 2013 order confirming the March

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8, 2013 order adopting in full the recommendation that plaintiff’s in forma pauperis status be

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revoked, and granting plaintiff fourteen days to pay the court’s filing fee.

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A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e)

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or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th

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Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly

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discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3)

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if there is an intervening change in controlling law.” Id. at 1263.

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Plaintiff does not present newly discovered evidence suggesting this matter should not be

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dismissed. This Court previously conducted a de novo review of this case (ECF No. 25), and

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finds that the May 13, 2013 order adopting the Magistrate Judge's January 29, 2013 findings and
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recommendations is neither manifestly unjust nor clearly erroneous.

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On March 8, 2013, plaintiff was ordered to pay the filing fee within fourteen days. On

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May 13, 2013, plaintiff was ordered to pay the filing fee within fourteen days. Almost three

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months have passed since plaintiff was first ordered to pay the filing fee. Therefore, plaintiff is

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directed to pay the $350.00 filing fee seven days from the date of this order. No further

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extensions of time will be granted. Failure to pay the filing fee will result in the dismissal of this

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action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s May 23, 2013 Motion for Reconsideration (ECF No. 26) is DENIED; and

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2. Plaintiff shall pay the $350.00 filing fee within seven days from the date of this order.

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No further extensions of time will be granted.

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IT IS SO ORDERED.

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Dated: August 27, 2013

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