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)
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
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