Hernandez v. Baker et al
Filing
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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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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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The Court denied summary judgment on count III relating to Plaintiff’s Eighth
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Amendment use of excessive force claim, and referred this case for settlement
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conference. (ECF Nos. 175, 176.) The settlement conference is scheduled for May 17,
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2016. (ECF No. 179.) If the parties are unable to resolve this case, the Court will
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schedule trial on Plaintiff’s remaining claim.
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Pending before the Court are two motions. To the extent Plaintiff’s motion for
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extension (ECF No. 190) seeks to extend the time to file a notice of appeal, it is denied
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because the time for Plaintiff to file an appeal is not yet triggered. Plaintiff filed a
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document that he titled in part as “This motion have been made an in good faithfully by
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answer and response in replace the defendants as a they motions in opposition of a
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plaintiff motions for his reconsidering facts” (“Motion”). (ECF No. 195.) Plaintiff
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referenced ECF No. 186 ― his motion for reconsideration — which the Court has
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denied (ECF No. 194). It appears that Plaintiff’s Motion is a reply in support of his
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motion for reconsideration. To the extent Plaintiff is filing another motion for
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reconsideration, it is denied.
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It is therefore ordered that Plaintiff’s motions (ECF No. 190, 195) are denied
DATED THIS 10th day of May 2016.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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