Harden v. Monninghoff et al

Filing 188

ORDER denying 185 Motion for District Judge to Reconsider Order. Signed by Judge Andrew P. Gordon on 2/28/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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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. 185)

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 him to the mental health segregation unit at High Desert

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

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

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also alleges that defendant Rafael Aguilera transported him to the mental health segregation unit

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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 also

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denied several of Harden’s motions for reconsideration and other objections. ECF Nos. 175, 180,

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184.

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Harden objects again, this time arguing that an automatic stay under Federal Rule of Civil

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Procedure 62 somehow grants the court jurisdiction to rule on his prior motions despite the fact

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that Harden has filed a notice of appeal. Rule 62 has no application here. There was no monetary

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or injunctive relief granted in the judgment against Harden. See ECF Nos.167, 168. There is

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nothing to stay. Harden also repeats his arguments that this court has jurisdiction to resolve his

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

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objections to my order denying his motion for a new trial. I have already ruled on those

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arguments, and Harden presents no basis for reconsideration.

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IT IS THEREFORE ORDERED that plaintiff Harold Harden’s objection
(ECF No. 185) is DENIED.
DATED this 28th day of February, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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