Morris v. Nangalama et al

Filing 29

ORDER denying 28 Motion for Reconsideration signed by Chief Judge Morrison C. England, Jr on 9/20/13. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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Plaintiff,

No. 2:12-cv-01202 MCE KJN
ORDER

v.
NANGALAMA et. al.,
Defendants.

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Presently before the Court is Plaintiff’s second Motion to Reconsider a Court

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Order. (ECF No. 28.) Plaintiff, a state prisoner proceeding pro se, filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. On May 13, 2013, the Court adopted the

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Magistrate Judge’s Findings and Recommendations which included revoking Plaintiff’s

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in forma pauperis status. (ECF No. 25.) On May 23, 2013, Plaintiff filed a Motion to

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Reconsider asking the Court to review its May 13 Order, which the Court denied on

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August 29, 2013. (ECF Nos. 26 and 27.) On September 4, 2013, Plaintiff filed another

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Motion to Reconsider. (ECF No. 28.) In it, Plaintiff alleges that in a contemporaneous

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prisoner civil rights case he filed, Judge Karlton concluded that Plaintiff can proceed

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in forma pauperis. Morris v. Daly, No 12-cv-2845 (E.D. Cal. filed Nov. 20, 2012). A

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party seeking reconsideration must set out the material facts and circumstances that

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were not shown at the prior motion. Local Rule 230(j).
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Here, Judge Karlton reached a different decision after reviewing similar facts, but his

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disagreement with the Court is not a material fact that warrants the Court to reconsider

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its previous decision. “The doctrine of stare decisis does not compel one district court

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judge to follow the decision of another.” In re Silverman 616 F.3d 1001, 1005 (9th Cir.

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2010) (citing Starbuck v. City and County of San Francisco, 556 F.2d 450, 457

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(9th Cir.1977). For the reasons described above, Plaintiff’s Motion to Reconsider is

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DENIED. (ECF No. 28.)

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IT IS SO ORDERED.

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Dated: September 20, 2013

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