In re Royce Lee Makishima and Terra Ann Makishima

Filing 16

ORDER signed by Judge William B. Shubb on 04/01/09 DENYING 15 Motion For Reconsideration filed by Grace Miles. (Streeter, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ROYCE LEE MAKISHIMA, TERRA ANN MAKISHIMA, Appellees. / ----oo0oo---Appellant Grace Miles moves for reconsideration of this court's order of March 12, 2009, dismissing her bankruptcy appeal as untimely. "`[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 there is an intervening change in the controlling law.'" Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003) (quoting Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th 1 GRACE MILES, Appellant, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

NO. CIV. 08-3170 WBS ORDER DENYING MOTION FOR RECONSIDERATION

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Cir. 2000)).

Although appellant asserts that reconsideration is

proper because she was not given an opportunity to oppose appellees' motion to dismiss, she was in fact given such an opportunity. Rather than file any opposition, however, appellant

requested a stay to which she was not entitled under 11 U.S.C. § 362. (See Docket No. 14.) The court concludes that it did not

commit clear error in dismissing appellant's appeal as untimely. IT IS THEREFORE ORDERED that appellant's motion for reconsideration be, and the same hereby is, DENIED. DATED: April 1, 2009

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