(PC) Scherffius v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL E. SCHERFFIUS, No. 2:13-cv-1277 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHRISTOPHER SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under 42 U.S.C. § 1983. Presently before the court is plaintiff’s motion for relief from judgment. (ECF No. 92.) For the reasons set forth below the court will recommend that the motion for reconsideration be denied. I. Background By order dated February 6, 2020 the district court adopted the undersigned’s findings and recommendations recommending that defendants’ motion for summary judgment be granted. (ECF Nos. 86.) Judgment was entered, and this action was closed. (ECF No. 87.) On March 5, 2020, plaintiff filed a notice of appeal. (ECF No. 88.) While the appeal was pending before the Ninth Circuit Court of Appeals, plaintiff filed a motion for relief from judgment (ECF No. 92) and a…