Walker

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Kennard Lee Davis, No. 2:08-cv-00593-KJM-DB 12 Plaintiff, ORDER 13 v. James Walker, et al., 1S Defendants. 16 17 Following the Ninth Court’s mandate to consider plaintiff Kennard Lee Davis’s motions 18 | to reopen this case and reassess his competency to proceed, see USCA Mandate, ECF No. 262; 19 | USCA Memorandum, ECF No. 261, this court issued an order referring the case to Magistrate 20 | Judge Deborah Barnes for further proceedings as appropriate, see Min. Order (Oct. 6, 2022), ECF 21 | No. 275. Davis moves the court to reconsider its decision to refer the case to Judge Barnes. 22 | Mot., ECF No. 276. 23 While a court may relieve a party from an order under Rule 60 of the Federal Rules of 24 | Civil Procedure for “mistake, inadvertence, fraud, or excusable neglect” or for “any other reason 25 | that justifies relief,” Fed. R. Civ. P. 60(b)(1), (b)(6), plaintiff does not claim new facts or 26 | circumstances exist…