Peeler v. Reali et al

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/20/16 ordering Plaintiffs motion for reconsideration of the judgment 14 is denied. Plaintiffs motion for extension of time 15 is denied as moot. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRICE ANTHONY PEELER,

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Plaintiff,

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No. 2:16-cv-0582 CKD P

v.

ORDER

KEVIN REALI, et al.,

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Defendants.

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This prisoner civil rights action was dismissed without prejudice for failure to state a

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claim on September 21, 2016. (ECF No. 11.) Before the court is plaintiff’s motion for

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reconsideration of the judgment. (ECF No. 14.)

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A district court1 may reconsider a ruling under either Federal Rule of Civil Procedure

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59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255,

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1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with

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newly discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. Here, the court’s

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decision to dismiss this action without prejudice was not clearly erroneous nor manifestly unjust,

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and none of the other factors apply.

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Plaintiff consented to the jurisdiction of a Magistrate Judge to conduct all proceedings in this
action. (ECF No. 4.)

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Plaintiff has also moved for an extension of time to file a notice of appeal. (ECF No. 15.)

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Under Rule 4(a)(4) of the Federal Rules of Appellate Procedure, if a party timely files a motion

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for reconsideration of the judgment, “the time to file an appeal runs for all parties from the entry

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of the order disposing of the last such remaining motion.” Because plaintiff has 30 days after the

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entry of this order to file a notice of appeal, his motion for extension of time will be denied as

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moot.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration of the judgment (ECF No. 14) is denied; and

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2. Plaintiff’s motion for extension of time (ECF No. 15) is denied as moot.

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Dated: October 20, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/ peel0582.ord

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