Hoshino
(PC) Eckstrom v. Hoshino
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARL ECKSTROM No. 2:16-cv-00538-TLN-EFB Plaintiffs, v. ORDER MARTIN HOSHINO, Defendants. 16 This matter is before the Court on Plaintiff Carl Eckstrom’s (“Plaintiff”) filings titled “Motion for Extension of Time to File Motion for New Trial [pursuant to] FRCP 59(a)(1)(B), (a)(2)” and Motion for a New Trial under “FRCP 59 . . . or FRCP 60(b).” (ECF Nos. 37, 39.) Construing Plaintiff’s request as an extension of time to file a motion for reconsideration, Plaintiff’s request is hereby GRANTED. For the reasons set forth below, and construing Plaintiff’s “motion for a new trial” as a Motion for Reconsideration pursuant to Federal Rule of Civil Procedure 59(e), Plaintiff’s motion is DENIED. /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff, a state prisoner proceeding pro se, initiated this action pursuant to 42 U.S.C. § 1983 on March 15, 2016. (ECF No. 1.) On January 31,…