Calloway v. California Department of Corrections and Rehabilitation et al

Filing 39

ORDER signed by Senior Judge William B. Shubb on 10/5/21 DENYING 37 The motion for reconsideration. The Magistrate Judge's 8/13/21, order is AFFIRMED. No further motions for reconsideration of this order will be considered. Plaintiff shall file a fourth amended complaint consistent with the Magistrate Judge's 8/13/21 order, within 30 days of the date of this order.(Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,

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No. 2:16-CV-2532-WBS-DMC-P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 37, for reconsideration of

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the Magistrate Judge’s August 13, 2021, order dismissing Plaintiff’s third amended complaint

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with leave to amend.
Pursuant to Eastern District of California Local Rule 303(f), a Magistrate Judge’s

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order 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 was clearly

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erroneous or contrary to law. The August 13, 2021, order is, therefore, affirmed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The motion for reconsideration, ECF No. 37, is denied;

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The Magistrate Judge’s August 13, 2021, order is affirmed;

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3.

No further motions for reconsideration of this order will be considered; and

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4.

Plaintiff shall file a fourth amended complaint consistent with the

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Magistrate Judge’s August 13, 2021, order, within 30 days of the date of this order.

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Dated: October 5, 2021

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