Williams v. Riley et al

Filing 50

ORDER signed by District Judge John A. Mendez on 9/3/19 DENYING 48 motion for reconsideration and AFFIRMING the Magistrate Judge's 5/29/19 order. No further motions for reconsideration of this order will be considered. Plaintiff's req uest to stay proceedings is DENIED. Plaintiff may file a response to defendants' 45 motion for summary judgment within 30 days of the date of this order. The matter is REFERRED back to the assigned Magistrate Judge for further proceedings. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WESLEY WILLIAMS, 12 Plaintiff, 13 14 No. 2:16-CV-3002-JAM-DMC-P v. ORDER RILEY, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for reconsideration of the 19 Magistrate Judge’s May 29, 2019, order (ECF No. 48). As part of this motion, plaintiff seeks a 20 stay of proceedings. Pursuant to Eastern District of California Local Rule 303(f), a Magistrate Judge’s 21 22 order shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the entire 23 file, the court finds that it does not appear that the Magistrate Judge’s ruling was clearly 24 erroneous or contrary to law. The May 29, 2019, order is, therefore, affirmed. 25 /// 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The motion for reconsideration (ECF No. 48) is denied; 3 2. The Magistrate Judge’s May 29, 2019, order is affirmed; 4 3. No further motions for reconsideration of this order will be considered; 5 4. Plaintiff’s request to stay proceedings is denied; 6 5. Plaintiff may file a response to defendants’ motion for summary judgment 7 (ECF No. 45) within 30 days of the date of this order; and 8 9 6. The matter is referred back to the assigned Magistrate Judge for further proceedings. 10 11 12 13 DATED: September 3, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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