Fry
(PC) Thomas v. Fry
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Otis Michael Thomas, No. 2:19-cv-01041-KJM-CKD Plaintiff, ORDER Vv. Kathleen Allison, et al., 1S Defendants. 16 Plaintiff Otis Michael Thomas moved for this case to proceed as a class action. ECF No. 43. The assigned magistrate judge recommended denying that motion. ECF No. 44. This court adopted that recommendation, ECF No. 47, over Thomas’s objection, ECF No. 46. Thomas 20 now files Objections to the Findings and Recommendations, ECF No. 48. The court construes this filing as a request for reconsideration or relief from a judgment brought under either Rule 59(e) or Rule 60(b). Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) (citation omitted). As Thomas filed the objections within twenty-eight days of the entry of judgment, the 24 court considers the motion under Rule 59(e). Thomas’s latest filing does not present a basis for reconsideration. “Under…