Lucas v. Swarthout et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr. on 11/9/2011 DENYING 27 Motion for Reconsideration. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ISIAH LUCAS, JR.,
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Plaintiff,
vs.
ORDER
GARY SWARTHOUT, et al.,
Defendants.
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No. CIV S-10-3252-GEB-CMK-P
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for reconsideration of the
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order denying his motion for a preliminary injunction (Doc. 27).
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Under Rule 60(b), the court may grant reconsideration of a final judgment and any
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order based on, among other things: (1) mistake, inadvertence, surprise, or excusable neglect; (2)
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newly discovered evidence which, with reasonable diligence, could not have been discovered
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within ten days of entry of judgment; and (3) fraud, misrepresentation, or misconduct of an
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opposing party. A motion for reconsideration on any of these grounds must be brought within a
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reasonable time and no later than one year of entry of judgment or the order being challenged.
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See Fed. R. Civ. P. 60(c)(1).
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Plaintiff provides no adequate reason for the court to reconsider the order denying
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his motion for preliminary injunction. A review of the order shows no basis for granting
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reconsideration. There was no mistake, new evidence or misconduct involved. As the court
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stated in its prior orders, none of the defendants in this action would appear to have any control
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over plaintiff’s cell assignment at his current institution. Nothing in his current motion would
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indicate otherwise. This court is unable to issue an order against individuals who are not parties
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to this action. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for
reconsideration (Doc. 19) is denied.
Dated: November 9, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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