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District Court
E. D . California
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
)
JASON SAUNDERS,
)
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Plaintiff,
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v.
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J.W. FAIRMAN, et al.,
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Defendants.
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____________________________________)
CV F- 02-5806 OWW DLB P
ORDER GRANTING PLAINTIFF’S
MOTION FOR RECONSIDERATION
OF NOVEMBER 15, 2004 AND
FEBRUARY 4, 2005
(DOC 50)
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.
section 1983. The Court has previously ruled that plaintiff is not entitled to proceed in forma
pauperis in this action because he has previously accumulated at least three qualifying dismissals on
the grounds of being frivolous, malicious, or failing to state a claim. 28 U.S.C. § 1915(g); Court’s
Order filed September 25, 2002. On November 15, 2004, the Magistrate Judge recommended that
this action be dismissed based on plaintiff’s failure to obey the Court’s order of April 23, 2004
directing plaintiff to effect service on defendants. Plaintiff filed objections to the recommendation
and the Court adopted the recommendation and dismissed the case on February 4, 2005. Plaintiff
filed a Notice of Appeal on February 9, 2005. On July 19, 2006, plaintiff moved this Court pursuant
to Federal Rules of Civil Procedure 60(a) and (b) to reconsider its orders of November 15, 2004 and
February 4, 2005.
Case 1:02-cv-05806-OWW-DLB Document 51 Filed 08/29/2006 Page 1 of 7
(PC) Saunders v. Fairman, et al
Doc. 51
Dockets.Justia.com
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District Court
E. D . California
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A.
Procedural Background
Plaintiff filed this action on July 5, 2002 along with a request to proceed in forma pauperis.
On September 25, 2002, the Court denied plaintiff’s request to proceed in forma pauperis because
plaintiff had previously accumulated at least three qualifying dismissals on the grounds of being
frivolous, malicious, or failing to state a