Yates v. King et al
Filing
76
ORDER DENYING Plaintiff's 75 Motion to Alter Judgment signed by Magistrate Judge Sandra M. Snyder on 6/8/2011. (Sant Agata, S)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
THEODORE BRITTON YATES,
10
CASE NO. 1:10-cv-00530-SMS PC
Plaintiff,
11
v.
12
ORDER DENYING PLAINTIFF’S MOTION TO
ALTER JUDGMENT
C KING,
(ECF No. 75)
13
Defendant.
/
14
15
Plaintiff Theodore Britton Yates (“Plaintiff”) is a state prisoner proceeding pro se and in
16
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 27, 2011, this action
17
was dismissed for failure to exhaust administrative remedies. (ECF No. 73.) On June 3, 2011,
18
Plaintiff filed a timely motion to alter judgment under Federal Rules of Civil Procedure 59(e). (ECF
19
No. 75.) Plaintiff requests the Court alter judgment to allow him to exhaust his administrative
20
remedies.
21
“A motion for reconsideration should not be granted, absent highly unusual circumstances,
22
unless the district court is presented with newly discovered evidence, committed clear error, or if
23
there is an intervening change in the controlling law,” and it “may not be used to raise arguments or
24
present evidence for the first time when they could reasonably have been raised earlier in the
25
litigation.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.
26
2009) (internal quotations marks and citations omitted) (emphasis in original).
27
Plaintiff does not argue that newly discovered evidence or an intervening change of the law
28
requires reinstatement of this action. All papers and files in this action were considered in deciding
1
1
the motion to dismiss for failure to exhaust administrative remedies. In his motion filed June 3,
2
2011, Plaintiff has not demonstrated that he can cure the defects with respect to any federal claim
3
alleged in his complaint.
4
5
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to alter judgment, filed June
3, 2011, is DENIED.
6
7
IT IS SO ORDERED.
8
Dated:
icido3
June 8, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?