Gibbs
(PC) Smith v. Gibbs
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, No. 1:18-cv-00854-DAD-BAM (PC) Plaintiff, v. ORDER DENYING PLAINTIFF’S MOTION
TO ALTER OR AMEND JUDGMENT
GIBBS, et al., PURSUANT TO FED. R. CIV. P. 59(e) Defendants. (Doc. No. 47) 16 Plaintiff Lawrence Christopher Smith is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 29, 2021, the court adopted the magistrate judge’s findings and recommendations in full, granted defendants’ motion for summary judgment, and dismissed this action, without prejudice, due to plaintiff’s failure to exhaust his available administrative remedies prior to filing suit. (Doc. No. 45.) Judgment was entered accordingly the same date and the action was closed. (Doc. No. 46.) On April 26, 2021, plaintiff filed the instant motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure 59(e). (Doc. No. 47.) …