Iegorova v. Obama

Filing 13

ORDER signed by Judge Garland E. Burrell, Jr. on 6/3/2015 DENYING 12 Motion for Reconsideration construed as a Request for Relief from Judgment. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIUDMYLA IEGOROVA,

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No. 2:14-cv-01415-GEB-EFB

Plaintiff,

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v.

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BARACK OBAMA,

ORDER

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Defendant.

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On May 19, 2015, an order was filed, which adopted the

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Magistrate Judge’s April 15, 2015 Findings and Recommendations in

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full

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without leave to amend.

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accordingly on the same day. (ECF No. 9.)

and

dismissed

Plaintiff’s

purported

amended

complaint

(Order, ECF No. 8.) Judgment was entered

On June 1, 2015, Plaintiff filed a document, in which

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she

states,

inter

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employee assigned to the case printed and signed document to

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close case, this decision was made in violation of constitutional

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right . . . without open court hearing.” (Pl.’s June 1, 2015

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Filing

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filing[] . . . as a request for reconsideration or relief from

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judgment.”

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Corp., 248 F.3d 892, 898 (9th Cir. 2001).

1:11-14,

Am.

alia:

ECF

No.

Ironworks

“Government

12.)

&

The

USA

Court

Erectors,

Inc.

Judicial

Branch

“construe[s]

v.

N.

Am.

new

th[is]

Constr.

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“Under Federal Rule of Civil Procedure 59(e), a party

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may move to have the court amend its judgment within twenty-eight
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days after entry of the judgment.” Allstate Ins. Co. v. Herron,

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634

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judgment

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should

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citation omitted).

F.3d

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be

1101,
after
used

1111
its

(9th

entry

sparingly.”

Cir.
[is]
Id.

2011).
an

However,

extraordinary

(internal

“amending
remedy

quotation

a

which

marks

and

In general, there are four basic grounds upon
which a Rule 59(e) motion may be granted: (1)
if such motion is necessary to correct
manifest errors of law or fact upon which the
judgment rests; (2) if such motion is
necessary to present newly discovered or
previously unavailable evidence; (3) if such
motion is necessary to prevent manifest
injustice; or (4) if the amendment is
justified
by
an
intervening
change
in
controlling law.

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Id.

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Plaintiff has not made an adequate showing under any of

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the referenced grounds. Therefore, Plaintiff’s request for relief

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from judgment is DENIED.

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Dated:

June 3, 2015

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