Hernandez v. Baker et al

Filing 200

ORDERED that Plaintiff's motions (ECF No. 190 , 195 ) are denied. Signed by Judge Miranda M. Du on 5/10/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 INGINIO HERNANDEZ, 10 Case No. 3:13-cv-00083-MMD-WGC Plaintiff, ORDER v. 11 RENEE BAKER, et al., 12 Defendants. 13 14 The Court denied summary judgment on count III relating to Plaintiff’s Eighth 15 Amendment use of excessive force claim, and referred this case for settlement 16 conference. (ECF Nos. 175, 176.) The settlement conference is scheduled for May 17, 17 2016. (ECF No. 179.) If the parties are unable to resolve this case, the Court will 18 schedule trial on Plaintiff’s remaining claim. 19 Pending before the Court are two motions. To the extent Plaintiff’s motion for 20 extension (ECF No. 190) seeks to extend the time to file a notice of appeal, it is denied 21 because the time for Plaintiff to file an appeal is not yet triggered. Plaintiff filed a 22 document that he titled in part as “This motion have been made an in good faithfully by 23 answer and response in replace the defendants as a they motions in opposition of a 24 plaintiff motions for his reconsidering facts” (“Motion”). (ECF No. 195.) Plaintiff 25 referenced ECF No. 186 ― his motion for reconsideration — which the Court has 26 denied (ECF No. 194). It appears that Plaintiff’s Motion is a reply in support of his 27 motion for reconsideration. To the extent Plaintiff is filing another motion for 28 reconsideration, it is denied. 1 2 It is therefore ordered that Plaintiff’s motions (ECF No. 190, 195) are denied DATED THIS 10th day of May 2016. 3 4 5 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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