Prosper
(PC) Lira v. Prosper
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN LIRA, No. 2:05-cv-02452 WBS GGH Plaintiff, v. FINDINGS AND RECOMMENDATIONS K. PROSER, et al., Defendants 16 Plaintiff, a state prisoner proceeding pro se, has filed motions to reopen this action. ECF Nos. 38, 42. These motions have been referred to the undersigned by the assigned district judge. See ECF Nos. 41, 43. Plaintiff requests that the Court reopen his previously dismissed civil rights action. ECF No. 42 at 1. Plaintiff states he dismissed his action based on retaliation he faced from correctional officers at the time and was unable to proceed in his action out of fear of gang repercussions. Id. at 2. Plaintiff moves to reopen this action because he continues to suffer physical and mental pain from the actions committed by defendants while in prison. Defendants have filed an opposition arguing the motion is untimely; petitioner has not sufficiently alleged good cause exists to grant…