Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a 42 U.S.C. § 1983 action. The court denied defendants’ costs and denied plaintiff’s construed motion for reconsideration, reaffirming that summary judgment had been entered on the merits of plaintiff’s Eighth Amendment conditions-of-confinement claims.
Holdings
- Plaintiff did not establish grounds for reconsideration because he had received multiple extensions to oppose summary judgment, failed to timely raise his medical condition as a basis for an extension, and his pro se status did not excuse compliance with procedural rules.
- The case could not be closed without prejudice because the prior summary-judgment ruling was a final judgment on the merits and therefore operated as a dismissal with prejudice.
- Defendants were denied costs.
Questions Presented
- Whether plaintiff established grounds for reconsideration of the order granting defendants summary judgment.
- Whether the case could be closed without prejudice after a final judgment on the merits.
- Whether defendants should be awarded costs in light of the relevant discretionary factors.
Disposition
other
Cases Cited (2)
- Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995)(followed)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 686 (9th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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