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John Christ v. S. Deberry

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


February 18, 2011

JOHN CHRIST, PLAINTIFF,
v.
S. DEBERRY, AKA,
S. DEBERRY-THORNTON, AND DOES 1 THROUGH 100, DEFENDANTS.

ORDER

On January 6, 2011, the Magistrate Judge issued an order that, in pertinent part, denied plaintiff's motions for appointment of counsel. (Dkt. No. 18.) On January 27, 2011,*fn1 plaintiff filed a request for reconsideration of that order, on the ground that repeated lockdowns at his place of incarceration had resulted in plaintiff's lack of access to the law library. Plaintiff's request for reconsideration of the magistrate judge's order of January 6, 2011 is untimely, even allowing an additional three days for service by mail. See Local Rule 303(b) ("rulings by Magistrate Judges shall be final if no reconsideration thereof is sought from the Court within fourteen days . . . from the date of service of the ruling on the parties. . ."); Fed. R. Civ. P. 6(c) (three days added to period after service by mail). Thus, the last date that plaintiff could have timely filed his motion was January 24, 2011.*fn2

Even if plaintiff's motion had been timely filed, he has failed to demonstrate good cause for reconsidering the Magistrate Judge's order. The only matter currently pending is the March 7, 2011 filing deadline for defendant's responsive pleading, which does not require that plaintiff currently have access to the prison law library.

Accordingly, plaintiff's motion for reconsideration is hereby DENIED.


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