Yablonsky
Yablonsky v. California Department of Correction & Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA John Henry YABLONSKY, Case No.: 18-cv-1122-AGS Plaintiff, ORDER DENYING MOTION TO
RECONSIDER (ECF 187 & 194)
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
7 REHABILITATION, et al., Defendants. 9 When assessing whether a court should reconsider an order based on clear error, the decision must strike the Court “as wrong with the force of a five-week old, unrefrigerated dead fish.” Fisher v. Roe, 263 F.3d 906, 912 (9th Cir. 2001), overruled on other grounds by Payton v. Woodford, 346 F.3d (9th Cir. 2003). Plaintiff here complains that the Court made several clear errors in entering summary judgment against him. Because the alleged errors fail to meet this exacting standard, the reconsideration motion is denied. BACKGROUND “Plaintiff John Yablonsky is incarcerated at Richard J. Donovan Correctional Facility,” where he sued prison staff for violating “his First Amendment free-speech rights” and for retaliating…