Wilson v. Lassiter et al

Filing 9

ORDER signed by Senior Judge William B. Shubb on 1/30/15 ORDERING that Plaintiff's objections, construed as MOTION for Reconsideration 8 is DENIED; Plaintiff is GRANTED thirty days from the date of this order to pay the filing fee; failure to pay the filing fee will result in a dismissal of this action. (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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DAVID W. WILSON,

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Plaintiff,

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No. 2: 14-cv-1747 WBS KJN P

v.

ORDER

K.L. LASSITER et al.,

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Defendants.

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On September 23, 2014, the undersigned denied plaintiff’s application to proceed in forma

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pauperis and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 7.) On October

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15, 2014, plaintiff filed objections to the September 23, 2014 order. (ECF No. 8.) The

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undersigned construes plaintiff’s objections as a request for reconsideration.
Three grounds may justify reconsideration: (1) an intervening change in controlling law;

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(2) the availability of new evidence; or (3) the need to correct clear error or prevent manifest

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injustice. Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986),

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rev’d in part on other grounds, 828 F.2d 514 (9th Cir. 1987), cert. denied, 486 U.S. 1015 (1988).
In his objections, plaintiff does not cite any intervening change in controlling law, new

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evidence or grounds demonstrating the need to correct clear error or prevent manifest injustice.

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Most of plaintiff’s objections are devoted to arguments based on pre-existing case law.

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Accordingly, IT IS THEREFORE ORDERED that:

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1. Plaintiff’s objections, construed as a motion for reconsideration, are denied;

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2. Plaintiff is granted thirty days from the date of this order to pay the filing fee; failure to

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pay the filing fee will result in a dismissal of this action.

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Dated: January 30, 2015

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Will747.req

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