Walker

(PC) Davis v. Walker

Good Law
United States District Court, Eastern District of CaliforniaDecember 8, 20222:10-cv-02139California302 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Kennard Lee Davis, No. 2:10-cv-02139-KJM-DB Plaintiff, ORDER v. James Walker, et al., 1S Defendants. 16 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. 336; USCA Memorandum, ECF No. 335, this court issued an order referring the case to Magistrate Judge Deborah Barnes for further proceedings as appropriate, see Min. Order (Nov. 10, 2022), ECF No. 348. Davis filed “objections” to this order, see ECF No. 353, which the court construes asa motion to reconsider its decision to refer the case to Judge Barnes. While a court may relieve a party from an order under Rule 60 of the Federal Rules of 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…

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