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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEFFREY MILLS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 16-cv-05095-HSG ORDER SETTING BRIEFING SCHEDULE K. MITCHELL, et al., Defendants. 12 13 Plaintiff, an inmate at San Quentin State Prison (“SQSP”), filed the instant pro se action 14 pursuant to 42 U.S.C. § 1983. On March 19, 2018, the Court granted Defendants’ motion for 15 summary judgment for failure to exhaust administrative remedies, dismissed this action without 16 prejudice, and entered judgment in favor of Defendants. ECF Nos. 31 and 32. 17 On March 30, 2018, Plaintiff filed a motion for reconsideration. ECF No. 36. Because 18 judgment has been entered in this case, Plaintiff’s motion for reconsideration is construed as a 19 motion to alter or amend judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. 20 See Am. Ironworks & Erectors v. N. Am. Constr. Corp., 248 F.3d 892, 898‒99 (9th Cir. 2001) 21 (where ruling has resulted in final judgment or order, reconsideration motion may be based either 22 on Rule 59(e) (alter or amend judgment) or Rule 60(b) (relief from judgment) of the Federal Rules 23 of Civil Procedure). Defendants shall file an opposition to this motion by April 20, 2018. 24 Plaintiff shall file a reply within fourteen (14) days of the date the opposition is filed. 25 26 27 28 IT IS SO ORDERED. Dated: 4/10/2018 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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