Gentry v. Grounds

Filing 15

ORDER signed by Senior Judge William B. Shubb on 5/16/2013. Petitioner's 11 Motion to Vacate Judgment is construed as Request for Reconsideration. Upon reconsideration, Magistrate Judge Newman's 2/4/2013 is AFFIRMED. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JERRY WAYNE GENTRY,

11

Petitioner,

12
13

No. 2:13-cv-0142 WBS KJN P

vs.
RANDY GROUNDS, Warden,

14

Respondent.

15

ORDER
/

16

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

17

corpus pursuant to 28 U.S.C. § 2254. On February 27, 2013, petitioner filed a document styled,

18

“Notice of Motion to Vacate Judgment and Enter Different Decision and or Judgment.” (ECF

19

No. 11). Despite petitioner’s references to filing a civil rights complaint under 42 U.S.C. § 1983,

20

it appears petitioner seeks reconsideration of the magistrate judge’s order filed February 4, 2013,

21

denying, without prejudice, petitioner’s request for the appointment of counsel.

22

Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld

23

unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court finds that

24

it does not appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.

25

////

26

////
1

1

Therefore, IT IS HEREBY ORDERED that:

2

1. Petitioner’s February 27, 2013 motion (ECF No. 11) is construed as a request

3

for reconsideration; and

4

2. Upon reconsideration, the order of the magistrate judge filed February 4, 2013,

5

is affirmed.

6

DATED: May 16, 2013

7
8
9
10
11
12

/gent0142.850

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2