Yablonsky

Yablonsky v. California Department of Correction & Rehabilitation

Good Law
United States District Court, Southern District of CaliforniaSeptember 18, 20233:18-cv-01122California2,318 words

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…

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