(PC) McColm v. Trinity County, et al.

Filing 26

ORDER signed by Judge Kimberly J. Mueller on 4/28/15 ORDERING that Plaintiff's Motion for Reconsideration #25 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA A. McCOLM,

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Plaintiff,

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No. 2:14-cv-0773 KJM CKD P

v.

ORDER

TRINITY COUNTY, et al.,

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Defendants.

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Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action under 42

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U.S.C. § 1983. Plaintiff has requested that this court reconsider its February 9, 2015 order

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dismissing this action and closing the case. (ECF No. 25.)

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This action was dismissed on February 9, 2015, due to plaintiff’s failure to file an

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amended complaint. (See ECF Nos. 21, 23.) Plaintiff’s complaint was dismissed with leave to

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amend by order filed May 29, 2014. (ECF No. 10.) Plaintiff received extensions of time, to and

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including December 23, 2014, to file an amended complaint. (See ECF Nos. 14, 18.) She did not

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file an amended complaint by that deadline and her request for reconsideration is not

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accompanied by a proposed amended complaint.

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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. The February 9, 2015

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decision dismissing this action was not clearly erroneous nor manifestly unjust, and none of the

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other factors applies.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for
reconsideration (ECF No. 25) is denied.
DATED: April 28, 2015.

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UNITED STATES DISTRICT JUDGE

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