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HERRERA v. STATTI, 2:10-cv-1154 MCE DAD P. (2015)

Court: District Court, E.D. California Number: infdco20150331a31 Visitors: 15
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: ORDER DALE A DROZD , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se with this civil rights action. On January 29, 2015, this court granted plaintiff's motion to withdraw or amend his admissions pursuant to Rule 36(b) of the Federal Rules of Civil Procedure and ordered plaintiff to re-serve his responses to defendant's requests for admission within thirty days. Thereafter, plaintiff filed a motion seeking a court order directing defense counsel to re-serve on plaintiff d
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ORDER

Plaintiff is a state prisoner proceeding pro se with this civil rights action. On January 29, 2015, this court granted plaintiff's motion to withdraw or amend his admissions pursuant to Rule 36(b) of the Federal Rules of Civil Procedure and ordered plaintiff to re-serve his responses to defendant's requests for admission within thirty days. Thereafter, plaintiff filed a motion seeking a court order directing defense counsel to re-serve on plaintiff defendant Medina's requests for admission. On March 6, 2015, the court granted plaintiff's motion for a court order and directed defense counsel to re-serve on plaintiff defendant Medina's requests for admission. On March 12, 2015, plaintiff filed a request for an extension of time to comply with the court's January 29, 2015 order. It appears that plaintiff did not have either a copy of the court's March 6, 2015 order or defendant Medina's requests for admission at the time he filed this most recent request. Accordingly, the court will deny his March 12, 2015 motion for an extension of time without prejudice.

In his motion, plaintiff also asks for reconsideration of the court's determination that he failed to exhaust his excessive use of force claim based on a "supporting document" not previously considered. Plaintiff has not explained why he believes he is entitled to reconsideration of this court's ruling issued back on September 16, 2013, and has also not attached any "supporting document" to his motion. Accordingly, plaintiff's request for reconsideration will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for an extension of time (Doc. No. 172) is denied without prejudice; and

2. Plaintiff's motion for reconsideration (Doc. No. 172) is denied.

Source:  Leagle

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