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)
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3
***
4
HAROLD HARDEN,
5
Plaintiff,
6
7
8
Case No. 2:14-cv-00377-APG-PAL
v.
CHRISTINE MONINGOFF and RAFAEL
AGUILERA, 1
ORDER DENYING OBJECTION
(ECF No. 185)
Defendants.
9
10
11
Plaintiff Harold Harden, a prisoner, filed this lawsuit alleging that in April 2012,
12
defendant Christine Moninghoff moved him to the mental health segregation unit at High Desert
13
State Prison (“HDSP”) without prior notice and without his consent. ECF No. 17 at 4. He alleges
14
that once there he was forced to take psychiatric drugs that resulted in an allergic reaction. Id. He
15
also alleges that defendant Rafael Aguilera transported him to the mental health segregation unit
16
against his will and without any notice or opportunity to be heard. Id.
17
I previously granted summary judgment in the defendants’ favor. ECF No. 167. I also
18
denied several of Harden’s motions for reconsideration and other objections. ECF Nos. 175, 180,
19
184.
20
Harden objects again, this time arguing that an automatic stay under Federal Rule of Civil
21
Procedure 62 somehow grants the court jurisdiction to rule on his prior motions despite the fact
22
that Harden has filed a notice of appeal. Rule 62 has no application here. There was no monetary
23
or injunctive relief granted in the judgment against Harden. See ECF Nos.167, 168. There is
24
nothing to stay. Harden also repeats his arguments that this court has jurisdiction to resolve his
25
26
27
28
1
Incorrectly identified in the complaint as Dr. Monninghoff and S/O Agular.
1
objections to my order denying his motion for a new trial. I have already ruled on those
2
arguments, and Harden presents no basis for reconsideration.
3
4
5
IT IS THEREFORE ORDERED that plaintiff Harold Harden’s objection
(ECF No. 185) is DENIED.
DATED this 28th day of February, 2017.
6
7
8
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?