Norwood v. Cate et al
Filing
64
ORDER Regarding Opposition To Courts Orders (Doc. 62 ), signed by Magistrate Judge Gerald B. Cohn on 11/16/2011. (Fahrney, E)
<![CDATA[
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
GREGORY LYNN NORWOOD,
10
CASE NO. 1:09-cv-00330-OWW-GBC
Plaintiff,
11
ORDER REGARDING OPPOSITION
TO COURT ORDERS
vs.
(Doc. 62)
12
MATTHEW L. CATE, et al.,
13
Defendants
/
14
15
Plaintiff Gregory Lynn Norwood ("Plaintiff") is a state prisoner proceeding pro se and in forma
16
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's
17
first amended complaint, filed on August 14, 2009, against Defendants Kenneth Clark Allison, T. P.
18
Wan, J. Reynoso and W. J. Sullivan. (Docs. 11, 15, 17, 19, 20). On September 2, 2011, Plaintiff filed
19
an opposition to the Court’s denial of Plaintiff’s discovery motions. (Doc. 62). An opposition to an
20
order is not a recognized avenue of relief and if Plaintiff wishes to seek reconsideration, he can file a
21
noticed motion for reconsideration of the particular order and make the requisite showing pursuant to
22
procedural rules.
23
Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the district
24
court. The Rule permits a district court to relieve a party from a final order or judgment on grounds of:
25
“(1) mistake, inadvertence, surprise, or excusable neglect; (3) fraud . . . of an adverse party, . . . or (6)
26
any other reason justifying relief from the operation of the judgment.” Fed. R. Civ. P. 60(b). The
27
motion for reconsideration must be made within a reasonable time, in any event “not more than one year
28
after the judgment, order, or proceeding was entered or taken.” Id.
///
1
2
As Plaintiff’s redress is limited to filing a noticed motion for reconsideration , the court will not
consider an “opposition” to an order.
3
4
IT IS SO ORDERED.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated:
0jh02o
November 16, 2011
UNITED STATES MAGISTRATE JUDGE
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
