Kinford v. Bannister et al

Filing 94

ORDER denying 91 Motion for District Judge to Reconsider Order re 88 Order on Stipulation of Dismissal. Signed by Chief Judge Robert C. Jones on 3/4/13. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 11 12 13 STEVEN KINFORD, ) ) Plaintiff, ) ) vs. ) ) ROBERT BANNISTER et. al., ) ) Defendants. ) ____________________________________) 3:11-cv-00701-RCJ-WGC ORDER 14 This is a prisoner civil rights action pursuant to 42 U.S.C. § 1983. The claims arise out of 15 facial surgery performed by doctors under contract with the Nevada Department of Corrections 16 (“NDOC”) or specially hired by NDOC for Plaintiff’s procedure. On January 25, 2013, the Court 17 dismissed the case with prejudice by stipulation against the only three Defendants remaining. 18 Plaintiff asks the Court to reconsider because he did not mean to dismiss as against Dr. Pincock. But 19 Dr. Pincock has never been a defendant and leave was never granted to join him before dismissal. 20 CONCLUSION 21 IT IS HEREBY ORDERED that the Motion for Reconsideration (ECF No. 91) is DENIED. 22 IT IS SO ORDERED. 23 Dated this 4th day of March, 2013. 24 25 26 27 28 _____________________________________ ROBERT C. JONES United States District Judge

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