Cuevas

Johnson v. Cuevas

Good Law
United States District Court, Northern District of CaliforniaNovember 2, 20234:21-cv-05264California815 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL DAVID JOHNSON, Case No. 21-cv-05264-JSW

Plaintiff, ORDER DENYING MOTION FOR

RECONSIDERATION; OF DISMISSAL

v. 9 Re: Dkt. No. 31 A. CUEVAS, et al., Defendants.

On January 17, 2023, Plaintiff was denied leave to proceed in forma pauperis under 28 U.S.C. § 1915(g) (“three strikes” provision of the PLRA) and ordered to pay the filing fee within 28 days. He was cautioned that his failure to do so would result in the dismissal of this case without prejudice. He did not pay the filing fee, show cause why not, or seek an extension of time to do so before the deadline.1 Approximately four months after the filing fee was due, Plaintiff filed a motion for reconsideration of the order denying him leave to proceed in forma pauperis. No pre-judgment motion for reconsideration under Local Rule 7-9 may be brought without leave of court. See Civil L.R. 7-9(a). The moving party must specifically show: (1) that at the time of the motion for leave, a material…

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