Harden v. Monninghoff et al

Filing 180

ORDER. IT IS THEREFORE ORDERED that 176 plaintiff Harold Harden's objection is DENIED. Signed by Judge Andrew P. Gordon on 1/4/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAROLD HARDEN,

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Plaintiff,

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Case No. 2:14-cv-00377-APG-PAL

v.
CHRISTINE MONINGOFF and RAFAEL
AGUILERA, 1

ORDER DENYING OBJECTION
(ECF No. 176)

Defendants.

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Plaintiff Harold Harden, a prisoner, filed this lawsuit alleging that in April 2012,

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defendant Christine Moninghoff moved Harden to the mental health segregation unit at High

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Desert State Prison (“HDSP”) without prior notice and without his consent. ECF No. 17 at 4. He

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alleges that once there he was forced to take psychiatric drugs that resulted in an allergic reaction.

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Id. He also alleges that defendant Rafael Aguilera transported him to the mental health

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segregation unit against his will and without any notice or opportunity to be heard. Id.

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I previously granted summary judgment in the defendants’ favor. ECF No. 167. I then

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denied Harden’s motion for reconsideration. ECF No. 175. Harden objects to my ruling denying

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reconsideration. I lack jurisdiction to consider the objection because Harden filed a notice of

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appeal (ECF No. 177). See Fed. R. App. P. 4 (allowing certain types of motions to extend the

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time to file an appeal until after the district court resolves the motions, but a motion to reconsider

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denial of a Rule 50(b) or Rule 59 motion is not among those listed); Fed. R. Civ. P. 62.1(a)(2)

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(allowing a district court to deny a motion that it lacks jurisdiction to consider because an appeal

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is pending).

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Incorrectly identified in the complaint as Dr. Monninghoff and S/O Agular.

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IT IS THEREFORE ORDERED that plaintiff Harold Harden’s objection (ECF No. 176)
is DENIED
DATED this 4th day of January, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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