Curreri v. Babue et al

Filing 93

ORDER, denying Plaintiff's 78 Motion for Reconsideration. Signed by Judge James A Teilborg on 9/19/11.(REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gerlando Curreri,
Plaintiff,

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vs.

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Paul Babeu, et al.,
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Defendant.
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No. CV09-630-PHX-JAT
ORDER

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On April 26, 2011, Plaintiff filed a Motion for Reconsideration of this Court’s March

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17, 2011 Order (Doc. 71) adopting the Magistrate Judge’s Report and Recommendation and

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denying him leave to file a Second Amended Complaint. (Doc. 78.) Generally, motions for

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reconsideration are appropriate only if: 1) the movant presents newly discovered evidence;

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2) the Court committed clear error or the initial decision was manifestly unjust; or 3) an

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intervening change in controlling law has occurred. School Dist. No. 1J, Multnomah County,

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Or. v. AcandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). The Court ordinarily will deny “a

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motion for reconsideration of an Order absent a showing of manifest error or a showing of

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new facts or legal authority that could not have been brought to its attention earlier with

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reasonable diligence.” Local Rule of Civil Procedure 7.2(g)(1).

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Plaintiff has not asserted any of the above acceptable bases for reconsidering an order.

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Plaintiff instead claims that he never received a copy of the Magistrate Judge’s Report and

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Recommendation. But Plaintiff does not allege that the Court did not send him a copy of the

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R&R, and Plaintiff obviously received a copy of this Court’s March 17, 2011 Order and has

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received copies of documents in this case.

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Because Plaintiff has not stated a basis for reconsidering this Court’s earlier Order and

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has not alleged that the Court failed to send him a copy of the R&R, the Court will deny the

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Motion for Reconsideration.

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Accordingly,

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IT IS ORDERED DENYING Plaintiff’s Motion for Reconsideration (Doc. 78).

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DATED this 19th day of September, 2011.

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