McDowell v. CAL PIA, et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/15/13 denying 7 Motion for Reconsideration. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY McDOWELL,

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Plaintiff,

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vs.

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No. 2:13-cv-0170 CKD P

CAL PIA, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding pro se, commenced this action with the filing

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of a complaint on January 28, 2013. (Dkt. No. 1.) He consented to this court’s jurisdiction

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pursuant to 28 U.S.C. § 636(c) and Local Rule 302. (Dkt. No. 4.) By order filed March 20,

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2013, the undersigned ordered that this action be dismissed without prejudice due to plaintiff’s

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failure to timely file an application to proceed in forma pauperis. (Dkt. Nos. 5, 6.)

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On April 8, 2013, plaintiff filed a motion for reconsideration of the judgment of

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dismissal, attaching a proposed amended complaint and a copy of his request for a trust account

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statement. (Dkt. No. 7.) Local Rule 305(c) provides: “Upon the entry of a final judgment in any

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action disposed of by a Magistrate Judge on consent of the parties under the authority of 28

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U.S.C. § 636(c) and these Rules, an aggrieved party may appeal directly to the United States

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Court of Appeals for the Ninth Circuit in the same manner as governs appeals from any other
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final judgment of the Court.” See Fed. R. Civ. P. 73(c). Moreover, the undersigned’s March 20,

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2013 order of dismissal is not “clearly erroneous or contrary to law.” See Local Rule 303(f).

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Accordingly, plaintiff’s April 8, 2013 motion for reconsideration (Dkt. No. 7) is
denied.

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Dated: April 15, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mcdo0170.850

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