(PC) Rice v. Fielder ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KORDY RICE, No. 2:18-cv-02743-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 FIELDER, et al., 15 Defendants. 16 17 This matter is before the Court on Plaintiff Kordy Rice’s (“Plaintiff”) Motion for 18 Reconsideration of the United States Magistrate Judge’s November 20, 2020 Order (ECF No. 41). 19 (ECF No. 43.) For the reasons set forth herein, Plaintiff’s Motion is DENIED. 20 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 21 § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 22 636(b)(1)(B) and Local Rule 302(c)(21). 23 On November 20, 2020, the magistrate judge issued an Order denying Plaintiff’s motion 24 for a hearing on his pending motions to compel, noting that “under the Court’s local rules, 25 motions in prisoner cases are submitted on the papers without hearing.” (ECF No. 41 (citing E.D. 26 Cal. L.R. 230(l)).) 27 /// 28 /// 1 Pursuant to Eastern District of California Local Rule 303(f), a magistrate judge’s order 2 | shall be upheld unless “clearly erroneous or contrary to law.” E.D. Cal. L.R.303(f). Under that 3 | standard, the Court must accept the magistrate judge’s decision unless it has a “definite and firm 4 | conviction that a mistake has been committed.” Concrete Pipe & Prods. of Cal., Inc. vy. Const. 5 || Laborers Pension Trust for So. Cal., 508 U.S. 602, 622 (1993); Husain v. Olympic Airways, 316 6 | F.3d 829, 835 (9th Cir. 2002). Hence, the standard is “significantly deferential.” Concrete Pipe, 7 | 508 U.S. at 623. 8 Upon review of the entire file, the Court is not persuaded that the magistrate judge’s 9 | ruling was clearly erroneous or contrary to law. In particular, Plaintiff seeks a hearing on motions 10 | that have already been resolved. The November 20, 2020 Order is therefore affirmed. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Plaintiff’s Motion for Reconsideration (ECF No. 43) is DENIED; 13 2. The Magistrate Judge’s November 20, 2020 Order (ECF No. 41) is AFFIRMED; 14 | and 15 3. No further motions for reconsideration of this Order will be considered. 16 ITIS SO ORDERED. 17 | DATED: April 13, 2021 18 19 { J) /) 20 “ ! J Vu 21 Troy L. Nunley United States District Judge 23 24 25 26 27 28