Windham v. California Medical Facility, et al

Filing 29

ORDER signed by Chief Judge Morrison C. England, Jr. on 04/20/16 ORDERING that, upon 27 reconsideration, the 25 03/11/16 order of the magistrate judge is AFFIRMED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL WINDHAM, JR.,

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Plaintiff,

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No. 2:15-cv-1058 MCE CKD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,
Defendants.

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On March 31, 2016, plaintiff filed a motion for reconsideration of the magistrate judge’s

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order filed March 11, 2016, denying plaintiff’s motion for summary judgment without prejudice

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to plaintiff filing a motion for summary judgment that complies with the requirements of Rule 56

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of the Federal Rules of Civil Procedure. Pursuant to Local Rule 303(f), a magistrate judge’s

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orders shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the entire

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file, the court finds that it does not appear that the magistrate judge’s ruling is clearly erroneous

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or contrary to law. The magistrate ordered Plaintiff to file a summary judgment that complies

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with the requirements of Rule 56 of the Federal Rules of Civil Procedure, and while Plaintiff

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appears to attempt to correct that inadequacy through the content of his motion for

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reconsideration, he must file a motion for summary judgment that itself complies with Rule 56.

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the

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magistrate judge filed March 11, 2016, is affirmed.

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Dated: April 20, 2016

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