(PC) Solano v. Perez, et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 11/7/2017 DENYING #65 Motion for Reconsideration. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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No. 2:15-cv-01064-KJM-EFB P
LIBRADO SOLANO, JR.,
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Plaintiff,
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v.
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ORDER
PEREZ, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge
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recommended that this court grant defendants Perez, George and Peterson’s motion for summary
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judgment based on qualified immunity. ECF No. 43 (filed Feb. 7, 2017). This court declined to
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adopt that recommendation, and instead denied summary judgment finding no qualified
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immunity. Prior Order, ECF No. 64 (filed Sept. 29, 2017). Defendants Perez, George and
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Peterson now move the court to reconsider that decision. Motion, ECF No. 65; Reconsideration
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Mem., ECF No. 65-1 (filed Oct. 4, 2017). As explained below, the court DENIES this motion.
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A party may move to “alter or amend a judgment” within twenty-eight days of the
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entry of the judgment. Fed. R. Civ. P. 59(e); see also Tripati v. Henman, 845 F.2d 205, 206 n.1
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(9th Cir. 1988) (per curiam) (explaining a motion to amend the judgment “is a proper vehicle for
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seeking reconsideration of a summary judgment ruling.”). Although the Rule does not list
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specific grounds for such a motion, the Ninth Circuit has said that a Rule 59(e) motion may be
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granted if “(1) the district court is presented with newly discovered evidence, (2) the district court
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committed clear error or made an initial decision that was manifestly unjust, or (3) there is an
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intervening change in controlling law.” Zimmerman v. City of Oakland, 255 F.3d 734, 740 (9th
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Cir. 2001). The court has “wide discretion” when considering such a motion. Turner v.
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Burlington N. Santa Fe R.R. Co., 338 F.3d 1058, 1063 (9th Cir. 2003). The rule provides “an
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‘extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial
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resources.’” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (quoting
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James Wm. Moore et al., Moore's Federal Practice § 59.30[4] (3d ed. 2000)).
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Here, defendants identify no newly discovered evidence, intervening changes in
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the law, or any manifest injustice warranting reconsideration. Rather, they duplicate their
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summary judgment arguments. Compare ECF No. 36 at 7-10 (arguing it was not clearly unlawful
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to deny plaintiff a wheelchair because it was uncertain he needed one), with Reconsideration Mem.
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at 4-5 (same). They also contend the court omitted certain issues. See Reconsideration Mem. at 5
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(contending court did not address whether plaintiff had “a serious medical need for a wheelchair”);
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but see Prior Order at 3-5 (highlighting factual disputes on this very issue). Finding no adequate
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basis for reconsideration, the court DENIES defendants’ motion.
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IT IS SO ORDERED.
DATED: November 7, 2017.
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UNITED STATES DISTRICT JUDGE
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