Dennis v. Kerman et al

Filing 189

ORDER signed by Magistrate Judge Allison Claire on 3/25/22 DENYING 188 Motion for Reconsideration and Request for his Motion to be returned.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW DENNIS,

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No. 2:16-cv-0542 JAM AC P

Plaintiff,
v.

ORDER

SCOTT KERNAN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion requesting that his opposition to defendants’ motion for summary

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judgment be considered as a motion for summary judgment. ECF No. 188. This request is

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construed as a motion for reconsideration of the March 8, 2022 order deeming plaintiff’s cross-

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motion for summary judgment as an opposition.

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Local Rule 230(j) requires that a motion for reconsideration state “what new or different

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facts or circumstances are claimed to exist which did not exist or were not shown upon such prior

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motion, or what other grounds exist for the motion; and . . . why the facts or circumstances were

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not shown at the time of the prior motion.” L.R. 230(j)(3)-(4). Plaintiff’s motion for

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reconsideration does not present any new or different facts or circumstances and will therefore be

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denied. The cross-motion for summary judgment will continue to be construed as an opposition

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to defendants’ motion for summary judgment for the reasons set forth in the March 8, 2022 order.
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With respect to the other issues raised in the motion, plaintiff is advised that the court is

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aware of his response to defendants undisputed statement of facts and it will be considered when

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addressing the motion for summary judgment. Plaintiff’s request that the court return his motion

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for reconsideration will be denied. Though the court is sympathetic to plaintiff’s difficulties in

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obtaining copies, plaintiff has been advised and has acknowledged being advised that further

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requests to return documents would not be granted. If plaintiff would like copies from the court,

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any such requests must be accompanied by the required copy fees.1 Finally, to the extent plaintiff

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alleges further violations of his constitutional rights, if he wishes to pursue those claims, he must

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do so by initiating a separate complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (ECF No. 188) is DENIED.

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2. Plaintiff’s request for his motion to be returned (ECF No. 188) is DENIED.

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DATED: March 25, 2022

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The Clerk’s Office provides copies of documents at $0.50 per page.
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