Saavedra v. Kernan et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 12/09/14 ordering that plaintiff's amended motion for reconsideration 11 is denied. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL A. SAAVEDRA,

12

Plaintiff,

13
14

No. 2:13-cv1499 KJN P

v.

ORDER

SCOTT KERNAN, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding without counsel. Plaintiff consented to proceed

17
18

before the undersigned for all purposes. See 28 U.S.C. § 636(c). On June 9, 2014, the instant

19

action was transferred to the Fresno Division and assigned Case No. 1:14-cv-0870. (ECF No. 9.)

20

On June 27, 2014, plaintiff filed a motion for reconsideration, asking that his case remain in the

21

Sacramento Division. (ECF No. 10.) On July 7, 2014, plaintiff filed an amended motion for

22

reconsideration. (ECF No. 11.)
On July 7, 2014, plaintiff filed the same motion for reconsideration in the Fresno Division,

23
24

Case No. 1:14-cv-0870 GSA P. On July 9, 2014, the Fresno Division court construed plaintiff’s

25

motion as filed under Rule 60(b) of the Federal Rules of Civil Procedure, and denied the motion

26

for reconsideration, finding that sufficient facts supported the transfer, and the transfer was

27

appropriate under 28 U.S.C. § 1391(b). (Id., ECF No. 13.)

28

////
1

1
2
3

The undersigned finds the reasoning of the July 9, 2014 order persuasive, and denies
plaintiff’s motion for reconsideration on that basis.
This civil rights action was closed on June 9, 2014. Plaintiff is advised that documents

4

filed by plaintiff since the closing date will be disregarded and no orders will issue in response to

5

future filings.

6

Accordingly, IT IS HEREBY ORDERED that plaintiff’s amended motion for

7

reconsideration (ECF No. 11) is denied.

8

Dated: December 9, 2014

9
10

/saav1499.851

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2