(PC) Tevin L. Harris v. Valencia et al

Filing 63

ORDER signed by District Judge John A. Mendez on 4/26/2021 DENYING 53 Plaintiff's Motion for Reconsideration. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TEVIN LEE HARRIS, 12 Plaintiff, 13 14 No. 2: 19-cv-1751 JAM KJN P v. ORDER R. VALENCIA, et al., 15 Defendants. 16 On January 21, 2021, the Magistrate Judge authorized his Courtroom Deputy to issue a 17 18 minute order continuing the stay in this action to April 21, 2021. (ECF No. 51.) Plaintiff seeks 19 reconsideration of the January 21, 2021 minute order continuing the stay of this action. (ECF No. 20 53.) Plaintiff’s motion for reconsideration contains an undated proof of service. (Id. at 3.) 21 22 Plaintiff’s motion for reconsideration is otherwise undated. Because the request for 23 reconsideration is undated, including the proof of service, plaintiff is not entitled to application of 24 the mailbox rule in determining the filing date of this request. Accordingly, the court finds that 25 plaintiff’s request for reconsideration was filed on the date it was docketed, i.e. February 22, 26 2021. 27 28 Local Rule 303(b), states “rulings by Magistrate Judges . . . shall be final if no reconsideration thereof is sought from the Court within fourteen days . . . from the date of service 1 1 of the ruling on the parties.” Id. Plaintiff’s request for reconsideration of the magistrate judge’s 2 order of January 21, 2021 is therefore untimely. 3 4 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for reconsideration (ECF No. 53) is denied. 5 6 7 DATED: April 26, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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