Gonzales v. Price et al

Filing 52

ORDER Denying Plaintiff's Motion for Reconsideration 44 , signed by Chief Judge Anthony W. Ishii on 7/29/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL GONZALES,
Plaintiff,

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CASE NO. 1:07-cv-01391-AWI-GBC (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION

v.
(ECF No. 44)

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PRICE, et al.,
Defendant.
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ORDER
Plaintiff Michael Gonzales is a state prisoner proceeding pro se and in forma
pauperis in this civil action pursuant to 42 U.S.C. § 1983.

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On April 22, 2011, the Court issued an Order denying Plaintiff’s Motion for

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Appointment of Counsel. (ECF No. 42.) Pending before the Court now is Plaintiff’s Motion

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for Reconsideration filed on May 4, 2011. (ECF No. 44.)

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Federal Rule of Civil Procedure 60(b)(6) allows the Court to relieve a party from an

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order for any reason that justifies relief. Rule 60(b)(6) “is to be used sparingly as an

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equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary

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circumstances . . .” exist. Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal

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quotations marks and citation omitted). The moving party “must demonstrate both injury

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and circumstances beyond his control . . . .” Id. (internal quotation marks and citation

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omitted). Further, Local Rule 230(j) requires, in relevant part, that Plaintiff show “what new

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or different facts or circumstances are claimed to exist which did not exist or were not
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shown upon such prior motion, or what other grounds exist for the motion,” and “why the

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facts or circumstances were not shown at the time of the prior motion.”

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“A motion for reconsideration should not be granted, absent highly unusual

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circumstances, unless the district court is presented with newly discovered evidence,

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committed clear error, or if there is an intervening change in the controlling law,” and it

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“may not be used to raise arguments or present evidence for the first time when they could

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reasonably have been raised earlier in the litigation.” Marlyn Nutraceuticals, Inc. v. Mucos

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Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks and

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citations omitted) (emphasis in original).

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Plaintiff has offered no new evidence, no indication of any error committed by the

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court, nor has he cited any change in the controlling law. Plaintiff does not offer any new

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or different facts or circumstances. In fact, Plaintiff does not offer any argument as to why

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the Court’s Order was wrong.

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Because Plaintiff did not meet his burden as the party moving for reconsideration,
his motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
0m8i78

July 29, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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