Rodgers v. Munk et al

Filing 15

ORDER by Judge Maria-Elena James finding as moot 14 Motion for Reconsideration (cdnS, COURT STAFF) (Filed on 7/17/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiff,

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No. C 13-2116 MEJ (pr)

RUSSELL DWAYNE RODGERS,

v.
Doc. No. 14

GREG MUNKS, San Mateo County Sheriff,
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Defendants.
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Plaintiff Russell Dwayne Rodgers filed a pro se civil rights action under 42 U.S.C.

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§ 1983 complaining of conditions at the San Mateo County jail, where he is incarcerated. On

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June 7, 2012, the Court dismissed the complaint with leave to amend. Doc. no. 8. On June

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18, 2013, Plaintiff filed an amended complaint. Doc. no. 10. On June 28, 2013, the Court

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issued an Order of Partial Service, finding that Plaintiff’s due process claim was not

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cognizable and that his Eighth Amendment claim for the denial of hygiene supplies was

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cognizable. The Court ordered service of the Eighth Amendment claim on Defendants

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Sheriff Munks, Lt. Kankel, Lt. Copeland and Sgt. Justice. Doc. no. 13.

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On July 1, 2013, Plaintiff filed a motion for reconsideration, in which he seeks

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reconsideration of both his claims, the due process claim and the Eighth Amendment claim

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based on denial of hygiene supplies. Doc. no. 14. Plaintiff signed this motion on June 27,

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2013 and the postmark on the envelop is dated June 28, 2013. Therefore, Plaintiff mailed

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this motion before he received the Court’s Order of Partial Service, which was filed on June
28, the same day Plaintiff mailed his motion for reconsideration.

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Because Plaintiff filed his motion for reconsideration before he had the benefit of
reading the Court’s Order of Partial Service, the motion is denied as moot.

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IT IS SO ORDERED.

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DATED:

July 17, 2013
Maria-Elena James
United States Magistrate Judge

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United States District Court
For the Northern District of California

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