Mills v. Mitchell et al

Filing 38

ORDER SETTING BRIEFING SCHEDULE as to 36 MOTION for Reconsideration re 31 Order on Motion for Summary Judgment : Responses due by 4/20/2018; Replies due by 5/4/2018. Signed by Judge Haywood S. Gilliam, Jr. on 4/10/2018. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/10/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY MILLS,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 16-cv-05095-HSG
ORDER SETTING BRIEFING
SCHEDULE

K. MITCHELL, et al.,
Defendants.

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Plaintiff, an inmate at San Quentin State Prison (“SQSP”), filed the instant pro se action

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pursuant to 42 U.S.C. § 1983. On March 19, 2018, the Court granted Defendants’ motion for

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summary judgment for failure to exhaust administrative remedies, dismissed this action without

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prejudice, and entered judgment in favor of Defendants. ECF Nos. 31 and 32.

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On March 30, 2018, Plaintiff filed a motion for reconsideration. ECF No. 36. Because

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judgment has been entered in this case, Plaintiff’s motion for reconsideration is construed as a

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motion to alter or amend judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure.

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See Am. Ironworks & Erectors v. N. Am. Constr. Corp., 248 F.3d 892, 898‒99 (9th Cir. 2001)

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(where ruling has resulted in final judgment or order, reconsideration motion may be based either

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on Rule 59(e) (alter or amend judgment) or Rule 60(b) (relief from judgment) of the Federal Rules

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of Civil Procedure). Defendants shall file an opposition to this motion by April 20, 2018.

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Plaintiff shall file a reply within fourteen (14) days of the date the opposition is filed.

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IT IS SO ORDERED.
Dated: 4/10/2018
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HAYWOOD S. GILLIAM, JR.
United States District Judge