Manago v. Davey et al

Filing 30

ORDER denying 23 Motion for Reconsideration signed by Chief Judge Lawrence J. O'Neill on 5/20/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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Case No. 1:16-cv-00399 LJO DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION

v.
(Document 23)

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DAVEY, et al.,

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Defendants.

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Plaintiff Stewart Manago (“Plaintiff”), a state prisoner proceeding pro se, filed this civil

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rights action on March 24, 2016. Findings and Recommendations finding cognizable claims are

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pending.

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On April 29, 2016, Plaintiff filed a motion for a special hearing, asking that the Court set a

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hearing for May 6, 2016, where the named Defendants would testify “in order to prove that [they]

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were involved in a criminal conspiracy, to violate [Plaintiff’s] civil rights. . .” ECF No. 17, at 10.
The Court denied the motion on May 4, 2016. In the denial, the Court explained that it was

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premature to gather evidence relating to the merits of Plaintiff’s claims.
As he has done on prior occasions, Plaintiff filed a motion to reconsider the order on May 12,

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2016.
“A motion for reconsideration should not be granted, absent highly unusual circumstances,
unless the district court is presented with newly discovered evidence, committed clear error, or if
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there is an intervening change in the controlling law,” Marlyn Nutraceuticals, Inc. v. Mucos Pharma

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

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and “[a] party seeking reconsideration must show more than a disagreement with the Court’s

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decision, and recapitulation . . . ” of that which was already considered by the Court in rendering its

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decision,” U.S. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001) (internal

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quotation marks and citation omitted). When filing a motion for reconsideration, Local Rule 230(j)

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requires a party to show the “new or different facts or circumstances claimed to exist which did not

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exist or were not shown upon such prior motion, or what other grounds exist for the motion.”

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Plaintiff requests that the Court stay his motion for a special hearing until Defendants appear

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in this action. However, the Court has already ruled on the motion, and Plaintiff’s request is not

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grounds for reconsideration. Plaintiff may refile the motion when he deems it appropriate.

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Plaintiff’s motion for reconsideration is therefore DENIED.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill _____

May 20, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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