Manago v. Cate et al

Filing 18

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/1/2012 ORDERING that upon reconsideration, this court's 8/15/12 order is AFFIRMED; however, plaintiff is librally granted an additional 14 days to submit the $350.00 filing fee. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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No. 2:11-cv-2891 GGH P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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ORDER
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Introduction

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Plaintiff is a state prisoner proceeding pro se with an action filed pursuant to 42

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U.S.C. § 1983. As noted previously, plaintiff has consented to the jurisdiction of the

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undersigned. See Docket #’s 4 and 14. By order, filed on August 15, 2012, plaintiff’s in forma

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pauperis status was revoked as improvidently granted, and plaintiff was directed to pay the

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$350.00 filing fee in full within thirty days. Instead, on August 24, 2012, plaintiff filed a motion

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for reconsideration of the August 15th order. Docket # 17. Plaintiff has inappropriately invoked

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Fed. R. Civ. P. 60(b) in his motion inasmuch as there has as yet been no final judgment in this

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case.

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Standards For Motions To Reconsider
Although motions to reconsider are directed to the sound discretion of the court,

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Frito-Lay of Puerto Rico, Inc. v. Canas, 92 F.R.D. 384, 390 (D.C. Puerto Rico 1981),

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considerations of judicial economy weigh heavily in the process. Thus Local Rule 230(j)

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requires that a party seeking reconsideration of a district court’s order must brief the “new or

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different facts or circumstances [which] were not shown upon such prior motion, or what other

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grounds exist for the motion.” The rule derives from the “law of the case” doctrine which

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provides that the decisions on legal issues made in a case “should be followed unless there is

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substantially different evidence . . . new controlling authority, or the prior decision was clearly

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erroneous and would result in injustice.” Handi Investment Co. v. Mobil Oil Corp., 653 F.2d

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391, 392 (9th Cir. 1981); see also Waggoner v. Dallaire, 767 F.2d 589, 593 (9th Cir. 1985), cert.

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denied, 475 U.S. 1064 (1986).

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Courts construing Federal Rule of Civil Procedure 59(e), providing for the

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alteration or amendment of a judgment, have noted that a motion to reconsider is not a vehicle

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permitting the unsuccessful party to “rehash” arguments previously presented, or to present

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“contentions which might have been raised prior to the challenged judgment.” Costello v. United

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States, 765 F.Supp. 1003, 1009 (C.D. Cal. 1991); see also F.D.I.C. v. Meyer, 781 F.2d 1260,

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1268 (7th Cir. 1986); Keyes v. National R.R. Passenger Corp., 766 F. Supp. 277, 280 (E.D. Pa.

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1991). These holdings “reflect[] district courts’ concerns for preserving dwindling resources and

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promoting judicial efficiency.” Costello, 765 F.Supp. at 1009.

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In the instant action, plaintiff continues to re-visit arguments the court has

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previously addressed. The determination of this court is now the law of the case and plaintiff’s

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continued efforts to circumvent his status as three-strikes litigant within the meaning of 28

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U.S.C. § 1913(g), who, in this case, does not meet the “imminent danger” exception of that

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statute will not be re-addressed. The court will, however, allow plaintiff an additional fourteen

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days to pay the filing fee. Failure to do so within that time will result in dismissal of this action.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Upon reconsideration, this court’s order of August 15, 2012, is affirmed;

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2. However, plaintiff is liberally granted an additional fourteen days from the date

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of this order to submit the $350.00 filing fee; failure to do so within that time will result in

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dismissal of this action.

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DATED: November 1, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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mana2891.ord4

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