Sanchez v. Virga, et al.,
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/15 denying 42 Motion for Reconsideration. Plaintiff's request for leave to amend is denied. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MANUEL GUADALUPE SANCHEZ,
JR.,
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Plaintiff,
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ORDER
v.
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No. 2:10-cv-2029 CKD P
T. VIRGA, et al.,
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Defendants.
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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil
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rights under 42 U.S.C. § 1983. He has consented to have all matters in this action before a United
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States Magistrate Judge. See 28 U.S.C. § 636(c).
On January 16, 2015, plaintiff filed a request for reconsideration of court’s October 28,
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2014 screening order. A ruling may be reconsidered under either Federal Rule of Civil Procedure
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59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255,
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1262 (9th Cir. 1993). Reconsideration is appropriate if the court (1) is presented with newly
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discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3)
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if there is an intervening change in controlling law. Id. at 1263. Plaintiff fails to point to
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anything indicating reconsideration of the court’s October 28, 2014 order is warranted under the
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law.
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In his motion, plaintiff also asks for leave to file a fifth amended complaint. However,
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plaintiff fails to assert in any meaningful respect how a fifth amended complaint would cure the
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deficiencies articulated in the court’s prior screening orders. Accordingly, this action will
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proceed on plaintiff’s fourth amended complaint.
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Therefore, IT IS HEREBY ORDERED that:
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1. Plaintiff’s January 16, 2015 motion for reconsideration (ECF No. 42) is denied; and
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2. Plaintiff’s request for leave to amend is denied.
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Dated: January 27, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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1/md
sanc2029.850
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