Winkler v. Baca et al

Filing 37

ORDER that construes Petitioner's motion (ECF No. 35 ), filed 26 days after entry of judgment, as a motion for relief under Fed. R. Civ. P. 59(e). Petitioner will have until 4/18/2019 to supplement his motion to address the legal standar d for seeking relief under Rule 59(e). Respondents must respond within 30 days of the filing of a supplement or the expiration of the time to do so. Petitioner will have 30 days from the filing of any response to file any reply. Signed by Judge Miranda M. Du on 3/19/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARY JOSEPH WINKLER,

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Case No. 3:18-cv-00115-MMD-WGC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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On February 14, 2019, the Court dismissed the Petition in this action as untimely.

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(ECF No. 32.) Judgment was entered. (ECF No. 33.) On March 12, 2019, Petitioner filed

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a motion for evidentiary hearing (ECF No. 35) and sent a letter to the Court (ECF No. 36.)

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As this action is closed, an evidentiary hearing is not appropriate at this juncture.

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The motion for evidentiary hearing will therefore be denied. However, the motion appears

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to be seeking reconsideration of the Court’s order of dismissal. The Court will construe

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Petitioner’s motion (ECF No. 35), filed 26 days after entry of judgment, as a motion for

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relief under Fed. R. Civ. P. 59(e). Petitioner will have 30 days from entry of this order to

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supplement his motion to address the legal standard for seeking relief under Rule 59(e).

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Respondents must respond within 30 days of the filing of a supplement or the expiration

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of the time to do so. Petitioner will have 30 days from the filing of any response to file any

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reply.

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DATED THIS 19th day of March 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE