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Frederick Jones, Sr v. John Burk

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 23, 2011

FREDERICK JONES, SR.,
PLAINTIFF,
v.
JOHN BURK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION

(Doc. 104)

Plaintiff Frederick Jones, Sr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's August 5, 2010 motion "to Reinstate Plaintiff's Due Process Claims." (Doc. #104.)

Plaintiff's motion fails to cite any grounds on which a litigant can "reinstate" claims after they have been dismissed. Plaintiff's due process claims were dismissed on March 26, 2009 when the Court granted Defendants' motion to dismiss Plaintiff's due process claims for failure to state a claim. (Doc. #50.) Plaintiff's present motion fails to set forth any persuasive reasons why the Court should disturb the March 26, 2009 ruling.

Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion is DENIED.

IT IS SO ORDERED.

20110223

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