Gaines v. Adams

Filing 16

ORDER denying 15 REQUEST for rehearing signed by Judge Morrison C. England, Jr on 8/18/10. (Kaminski, H)

(HC) Gaines v. Adams

Doc. 16

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 vs. DARRELL G. ADAMS, Respondent. / On August12, 2010, petitioner filed a document titled "request for rehearing." The court construes this as a motion for reconsideration of the court's July 6, 2010 order dismissing this case. A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). "Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." Id. at 1263. ///// ///// DARIUS GAINES, Petitioner, ORDER No. 2:10-cv-00429-MCE-KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff fails to point to any evidence, law or anything else suggesting the court should reconsider its order dismissing this action. Accordingly, IT IS HEREBY ORDERED that plaintiff's August 12, 2010 "request for rehearing" is denied. Dated: August 18, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE