Saucedo

Erhan Kayik v. E. Saucedo, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 15, 20252:21-cv-01401California557 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERHAN KAYIK, No. 2:21-cv-1401 CKD P Plaintiff, v. ORDER E. SAUCEDO, et al., Defendants. 16 Plaintiff is California prisoner proceeding pro se. On August 4, 2025, defendant Saucedo was granted summary judgment as to plaintiff’s remaining Eighth Amendment claim, plaintiff’s negligence claim was dismissed and judgment was entered. Both parties consented to have all matters in this action before a United States Magistrate Judge. See 28 U.S.C. § 636(c). On September 25, 2025, the court received plaintiff’s motion to amend judgment under Rule 59(e) of the Federal Rules of Civil Procedure. It appears the motion was mailed to the court sometime after September 23, 2025. ECF No. 65 at 41. Any motion under Rule 59(e) must be filed within 28 days after of entry of judgment. Plaintiff’s motion was due September 2, 2025. “The time period for filing a Rule 59(e) motion is jurisdictional,” Amerson v. Kindredcare, Inc.,…

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