Crane v. McDonald et al

Filing 113

ORDER signed by Judge Kimberly J. Mueller on 2/24/2015 DENYING 108 Motion for Reconsideration filed by Richard Joseph Crane. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD J. CRANE,

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No. 2:11-cv-0663 KJM CKD P

Plaintiff,
v.

ORDER

MIKE EVANS, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.

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§ 1983. Plaintiff has requested that this court reconsider its September 30, 2014 order granting

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defendants’ motion for summary judgment. He has filed two separate documents in support of

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his request, each of which the court has considered.

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A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e)

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or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th

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Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly

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discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or

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(3) if there is an intervening change in controlling law.” Id. at 1263. Here, the September 30,

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2014 decision was not clearly erroneous nor manifestly unjust, and none of the other factors

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applies.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration (ECF

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No. 108) is denied.

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DATED: February 24, 2015.

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UNITED STATES DISTRICT JUDGE

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