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Elseth v. Speirs

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 13, 2009

ROGER ARDEN ELSETH, PATRICIA ANN ELSETH AND ALLEN ELSETH BY HIS GUARDIAN AD LITEM ROGER ARDEN ELSETH AND PATRICIA ANN ELSETH, PLAINTIFFS,
v.
VERNON SPEIRS, CHIEF PROBATION OFFICER OF THE COUNTY OF SACRAMENTO; DAVID GORDON, SUPERINTENDENT COUNTY DEPARTMENT OF EDUCATION; SHERIFF OF THE COUNTY OF SACRAMENTO, DEPUTY SHERIFF TAM, DEPUTY SHERIFF ALLENGUIRY, DR. SAXTON, M.D., DOES J1 TO J20 AND DOES E1 TO E20, INCLUSIVE, AND DOES M1 TO M5, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

On July 10, 2008, Plaintiffs filed a motion for relief from an exhaustion of administrative remedies ruling in an order filed July 1, 2009, premised on Federal Rule of Civil Procedure 59. However, since Rule 59 is not applicable to this order, this portion of Plaintiffs' motion is denied. Plaintiffs argue, alternatively, that the challenged portion of the order should be found suitable for appeal under 28 U.S.C., § 1292(b), but Plaintiffs have not met the showing required under this statute. Therefore, Plaintiffs' motion is denied.


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