Siegrist v. California Department of Corrections et al
Filing
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ORDER Denying Plaintiff's 37 Motion for Reconsideration of Denial of Appointment of Counsel, signed by Magistrate Judge Stanley A. Boone on 2/24/15. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VANALBERT SIEGRIST,
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Plaintiff,
v.
J.J. JOHNSON, et al.,
Defendants.
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Case No.: 1:10-cv-01976-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION OF DENIAL OF
APPOINTMENT OF COUNSEL
[ECF No. 37]
Plaintiff Vanalbert Siegrist is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On February 5, 2015, Plaintiff filed a motion for reconsideration of the Court’s order denying
his second request for appointment of counsel.
Rule 60(b) provides for reconsideration where one or more of the following is shown: (1)
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mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due
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diligence could not have been discovered before the court’s decision; (3) fraud by the adverse party;
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(4) the judgment is void; (5) the judgment has been satisfied; (6) any other reason justifying relief.
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Fed. R. Civ. P. 60(b); School Dist. 1J., 5 F.3d at 1263.
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Motions for reconsideration should not be frequently or freely granted; they are not a substitute
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for appeal or a means of attacking some perceived error of the court. See Twentieth Century-Fox Film
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Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981). “‘[T]he major grounds that justify
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reconsideration involve an intervening change of controlling law, the availability of new evidence, or
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the need to correct a clear error or prevent manifest injustice.’” Pyramid Lake Paiute Tribe of Indians
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v. Hodel, 882 F.2d 364, 369 n.5 (9th Cir. 1989) (quoting United States v. Desert Gold Mining Co., 433
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F.2d 713, 715 (9th Cir. 1970)).
Plaintiff has failed to provide a basis to grant his motion for reconsideration. Plaintiff asserts
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essentially the same arguments he presented in his second motion for appointment of counsel. The
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Court reviewed Plaintiff’s arguments prior to ruling and issuing a denial of his second motion for
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appointment of counsel. Plaintiff has not shown clear error or other meritorious grounds for relief
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from that order. Plaintiff’s case does not present exceptional circumstances, and the Court cannot, at
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this stage of the proceedings, conclude that Plaintiff is likely to succeed on the merits or that he cannot
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adequately litigate and articulate his claims. Plaintiff’s limited access to resources and law library do
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not demonstrate exceptional circumstances, and this Court is faced with cases brought by prisoners in
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similar circumstances almost daily.
Accordingly, Plaintiff’s motion for reconsideration of the Court’s January 3, 2015, order
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denying his second request for appointment of counsel must be DENIED.
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IT IS SO ORDERED.
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Dated:
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February 24, 2015
UNITED STATES MAGISTRATE JUDGE
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