Opinion
2:08-cv-02890-GEB-KJM.
August 13, 2009
ORDER
This matter was determined to be suitable for decision without oral argument. E.D. Cal. R. 78-230(h).
On July 10, 2008, Plaintiffs filed a motion for relief from an exhaustion of administrative remedies ruling in an order filed July 1, 2009, premised on Federal Rule of Civil Procedure 59. However, since Rule 59 is not applicable to this order, this portion of Plaintiffs' motion is denied. Plaintiffs argue, alternatively, that the challenged portion of the order should be found suitable for appeal under 28 U.S.C., § 1292(b), but Plaintiffs have not met the showing required under this statute. Therefore, Plaintiffs' motion is denied.