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Dwayne Eichler v. Cdc Officer Sherbin

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


March 22, 2011

DWAYNE EICHLER, PLAINTIFF,
v.
CDC OFFICER SHERBIN, ET AL., DEFENDANTS.

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

ORDER

On February 17, 2011, plaintiff filed pro se a motion for reconsideration of the magistrate judge's February 10, 2011 order granting defendant Mercy Hospital's motion for extension of time to file a motion for summary judgment. On February 22, 2011, plaintiff filed pro se a motion, dated February 5, 2011, for reconsideration of paragraphs 2, 6 and 7 of the magistrate judge's order filed January 28, 2011. In paragraph 2 of the order, the magistrate judge denied plaintiff's motion to amend his complaint in all respects except as to plaintiff's motion to substitute Dr. Gary Nugent in place of a Doe defendant named in plaintiff's state law medical malpractice and negligence claims. In paragraph 6 of the order, the magistrate judge denied plaintiff's October 19, 2010 motion to compel. In paragraph 7 of the order, the magistrate judge denied without prejudice plaintiff's motion for leave to file a supplemental brief.

Pursuant to E.D. Local Rule 303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear that the magistrate judge's rulings were clearly erroneous or contrary to law. Moreover, by order filed February 10, 2011, counsel was appointed to represent plaintiff in this action. All requests for court action on plaintiff's behalf should be made, if at all, by his attorney of record.

Therefore, IT IS HEREBY ORDERED that plaintiff's February 17, 2011 and February 22, 2011 motions for reconsideration are denied.

20110322

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