Hernandez v. Baker et al

Filing 194

ORDER denying ECF Nos. 180 and 181 Motions to Extend Time; and denying ECF Nos. 186 and 187 Motions for District Judge to Reconsider Order. Signed by Judge Miranda M. Du on 4/28/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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INGINIO HERNANDEZ,

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Case No. 3:13-cv-00083-MMD-WGC
Plaintiff,

ORDER

v.
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RENEE BAKER, et al.,
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Defendants.
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On March 3, 2016, the Court adopted the Report and Recommendation of United

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States Magistrate Judge William G. Cobb (dkt. no. 1158) (“R&R”), recommending that

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the Court grant summary judgment in favor of Defendants on all counts except for count

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III relating to Plaintiff’s Eighth Amendment use of excessive force claim. (Dkt. no. 175.)

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As a result, count III remains pending for trial. The Court referred this case for

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settlement, which is scheduled for May 17, 2016. (Dkt. nos. 176, 179.)

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Since issuance of the Court’s March 3, 2016, Order, Plaintiff has filed two

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motions for extension of time to file an appeal (dkt. nos. 180, 181) and two motions for

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reconsideration (dkt nos. 186, 187). The March 3, 2016, Order denied summary

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judgment on count III and is not a final appealable order. Accordingly, the time for

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Plaintiff to appeal has not been triggered. Plaintiff’s motions for extension of time to file

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an appeal are unnecessary and will be denied. Plaintiff’s two motions for

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reconsideration do not offer a valid reason for the Court to reconsider. Frasure v. United

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States, 256 F.Supp.2d 1180, 1183 (D. Nev. 2003) (A motion to reconsider must set forth

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“some valid reason why the court should reconsider its prior decision” and set “forth
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facts or law of a strongly convincing nature to persuade the court to reverse its prior
decision.”). These two motions will also be denied.
It is therefore ordered that Plaintiff’s motions for extension of time (dkt. nos. 180,
181) and motions for reconsideration (dkt. nos. 186, 187) are denied.
DATED THIS 28th day of April 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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