Duerst v. Placer Court et al

Filing 13

ORDER signed by Judge Garland E. Burrell, Jr on 12/19/14 ORDERING that Plaintiff has not made an adequate showing under any of the referenced grounds for amendment of judgment. Rather, he reiterates many of the contentions made in his Objections to the Magistrate Judge's Findings and Recommendations, which the Court considered in adopting the Magistrate Judge's Findings and Recommendations. Therefore, Plaintiff's Rule 59(e) motion is DENIED. Further, Plaintiff's request for declaratory relief is stricken since it was improperly filed after judgment was entered. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN J. DUERST,

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Plaintiff,

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No. 2:14-cv-01774-GEB-AC

v.
PLACER COURT, et al.,

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ORDER DENYING MOTION TO ALTER OR
AMEND JUDGMENT AND STRIKING
REQUEST FOR DECLARATORY RELIEF*

Defendants.

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On December 4, 2014, an Order was filed which adopted

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the

Magistrate

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Recommendations in full and dismissed Plaintiff’s First Amended

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Complaint

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entered accordingly on the same day. (Judgment, ECF No. 10.)

with

Judge’s

prejudice.

October

(Order,

31,

ECF

2014

No.

9.)

Findings

Judgment

and

was

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On December 12, 2014, Plaintiff moved under Federal

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Rule of Civil Procedure (“Rule”) 59(e) to alter or amend the

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judgment. (Pl.’s Mot. to Alter or Amend J. (“Mot.”), ECF No. 12.)

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Plaintiff also requested on the same date “a DECLARATORY JUDGMENT

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on all laws stated and cited in the [First Amended Complaint] and

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in the Objections to Magistrates Findings and Recommendations in

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this case and the remedies sought.” (Pl.’s Req. for Declaratory

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J., ECF No. 12.)

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*

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These matters are suitable for decision without oral argument. See E.D.
Cal. R. 230(g).

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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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Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011).

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However,

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extraordinary

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“amending

a

remedy

judgment
which

after

should

be

its
used

entry

[is]

sparingly.”

an
Id.

(internal quotation marks and citation omitted).
Plaintiff has not made an adequate showing under any of

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the

referenced

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reiterates many of the contentions made in his Objections to the

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Magistrate Judge’s Findings and Recommendations, which the Court

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considered

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Recommendations.

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DENIED.

in

grounds

adopting

for

the

Therefore,

amendment

of

judgment.

Magistrate
Plaintiff’s

Judge’s
Rule

Rather,

Findings

59(e)

motion

he

and
is

Further, Plaintiff’s request for declaratory relief is

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stricken

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entered.

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Dated:

since

it

was

improperly

December 19, 2014

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filed

after

judgment

was