Arellano v. Ojeda et al

Filing 118

ORDER Denying 113 Plaintiff's Motion to Reopen Case without Prejudice. The Court will consider the arguments raised therein when ruling via separate written order on Plaintiff's request for relief from judgment pursuant to Rule 59(e). Signed by Judge Michael M. Anello on 1/7/2020. (All non-registered users served via U.S. Mail Service) (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No. 14cv2401-MMA (JLB) RAUL ARELLANO, JR., Plaintiff, 12 13 v. 14 ORDER DENYING PLAINTIFF’S MOTION TO REOPEN CASE E. OJEDA, et al., [Doc. No. 113] Defendants. 15 16 17 18 19 20 Plaintiff Raul Arellano, Jr. is a state prisoner proceeding pro se in this civil rights 21 action filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983. On December 2, 2019, 22 the Court granted summary judgment in favor of Defendants based on qualified 23 immunity, and the Clerk of Court entered judgment accordingly. See Doc. Nos. 105, 106. 24 Plaintiff now moves to reopen the case. See Doc. No. 113. Plaintiff contemporaneously 25 moves for reconsideration and relief from judgment pursuant to Federal Rule of Civil 26 Procedure 59(e). See Doc. No. 114. The reasons set forth in support of Plaintiff’s motion 27 to reopen the case are more properly considered in relation to his pending motion for 28 reconsideration. 1 14cv2401-MMA (JLB) 1 Accordingly, the Court DENIES Plaintiff’s motion to reopen the case without 2 prejudice. The Court will consider the arguments raised therein when ruling via separate 3 written order on Plaintiff’s request for relief from judgment pursuant to Rule 59(e). 4 5 6 IT IS SO ORDERED. DATE: January 7, 2020 _______________________________________ HON. MICHAEL M. ANELLO United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 14cv2401-MMA (JLB)

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