Allee v. Shurbondy et al

Filing 18

ORDER: Denying Motion for Reconsideration 13 ; Denying Motion for Summary Judgment 16 . Ordered & Signed on 6/22/11 by Judge Owen M. Panner. (kf)

Download PDF
12(!3usnc-ORli FILED711.]UI'~ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DONALD ERNEST ALLEE, CV. 11 188 PA Plaintiff, i ORDER v. J. SHURBONDY, et al., Defendants. PANNER, District Judge. Plainti in this prisoner 42 U.S.C. ยง 1983 case asks the court to reconsider its prior Order denying his Motion for Partial Summary Judgment. because: (1) Plaintiff's Motion for Reconsideration is DENIED there is no basis upon which reconsideration of the court's Order would be appropriate pursuant to 60 (b); and (2) plaintiff's subsequent ling R. of a Ci v. Motion P. for Summary Judgment supersedes and, thus, moots the Motion for Partial Summary Judgment. 1 - ORDER I J With respect to the Motion for Summary Judgment plaintiff filed on June 13, 2011, [16J which a party submitting a written motion to the court is required to serve the motion "upon each of the part ies" to the lawsuit. must also 5 (d) (1). include a Fed. R. Ci v. P. 5 (a). certificate of Because plaintiff's Motion include the required certificate that he service. failed fendants. to serve a R. Civ. P. Summary Judgment does not service, the court concludes copy of As a result, the Motion without prej Fed. Such motions his Mot on counsel for Summary Judgment is denied ceo CONCLUSION Plaintiff's Mot for Reconsideration [13J and Motion for Summary Judgment [16] are DENIED. IT IS SO ORDERED. DATED this 1= ).-.. day Of,'J/' 20n ... //? ~)1f~. Owen M. Panner United States Distr 2 - ORDER Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?