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Bernard C. Hughes v. City of Mariposa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 9, 2011

BERNARD C. HUGHES,
PLAINTIFF,
v.
CITY OF MARIPOSA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, WITH PREJUDICE (ECF No. 45)

ORDER DIRECTING THE CLERK'S OFFICE TO OPEN A NEW ACTION FOR THE COMPLAINT FILED FEBRUARY 2, 2011 (ECF NO. 42)

Plaintiff Bernard C. Hughes ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 27, 2011, an order was issued denying Plaintiff's motion to file a separate complaint and striking the third amended complaint. (ECF No. 44.) Plaintiff filed a motion for reconsideration on May 4, 2011. (ECF No. 45.)

Plaintiff states that in the order dismissing his complaint issued on October 22, 2010, he was ordered to file a separate complaint. Being concerned that there would be statute of limitations issues he filed the motion and separate complaint. He did not intend to file a third amended complaint in this action.

The Court will deny Plaintiff's motion for reconsideration. However, since it appears that Plaintiff was attempting to file a separate action alleging the claims that were dismissed in this case, the Court will order that a separate civil action be opened for the complaint filed February 2, 2011.

Based on the foregoing, it is HEREBY ORDERED that:

1. Plaintiff's motion for reconsideration filed May 4, 2011, is DENIED, with prejudice; and

2. The Clerk of the Court is directed to open a separate civil action for the complaint filed February 2, 2011.

IT IS SO ORDERED.

icido3

20110509

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