Free Order on Motion for Reconsideration - District Court of California - California

Case 3:07-cv-03142-WHA

Document 6

Filed 01/29/2008

Page 1 of 1

1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 RICKY PAUL SMITH, Plaintiff, v. PERRY, A., et al., Defendants. / 15 16 17 18 19 20 21 22 23 24 25 26 27 28
G:\PRO-SE\WHA\CR.07\SMITH142.REC.wpd

IN THE UNITED STATES DISTRICT COURT

No. C 07-3142 WHA (PR) ORDER DENYING REQUEST FOR PERMISSION TO FILE A MOTION TO RECONSIDER

United States District Court

11
For the Northern District of California

12 13 14

This is a civil rights action filed pro se by a prisoner. It was dismissed without prejudice because plaintiff failed to either pay the filing fee or file a complete application to proceed in forma pauperis ("IFP") within the time allowed by the court's notice of him of the IFP deficiency. He has moved for permission to file a motion to reconsider. Although it is true that in this district a litigant needs permission to file a motion to reconsider if a judgment has not yet been entered, the rule does not apply to motions filed after judgment. See Local Rule CIV 44. Plaintiff's motion (document number 5 on the docket) is DENIED as unnecessary. IT IS SO ORDERED.

Dated: January

28

, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE