Hammler v. Wright

Filing 153

ORDER signed by District Judge Troy L. Nunley on 7/11/19 DENYING 150 Motion for Reconsideration. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:15-cv-01645-TLN-EFB

Plaintiff,
v.

ORDER

J. WRIGHT,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On April 8, 2019, the Court denied Plaintiff’s motions for preliminary

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injunctive relief seeking an order returning him to CSP-Sac (ECF No. 108) and for assistance in

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obtaining and protecting his legal property (ECF Nos. 105, 112, and 117). Plaintiff moves for

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reconsideration. (ECF No. 150.)

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“Reconsideration is appropriate if the district court (1) is presented with newly discovered

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evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is

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an intervening change in controlling law.” School Dist. No. 1J v. AC and S, Inc., 5 F.3d 1255,

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1263 (9th Cir. 1993). Further, Local Rule 230(j) requires that a motion for reconsideration state

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“what new or different facts or circumstances are claimed to exist which did not exist or were not

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shown upon such prior motion, or what other grounds exist for the motion,” and “why the facts or

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circumstances were not shown at the time of the prior motion.” E.D. Cal., Local Rule 230(j)(3)-

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(4).

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Plaintiff’s motion for reconsideration fails to satisfy these standards. He argues that he

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was denied the opportunity to respond to Defendants’ supplemental brief addressing whether he

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was entitled to relief under the All Writs Act. (ECF No. 150.) The Court determined however,

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that because the trial had been continued to January 2020, no court order was “necessary” for the

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proper administration of justice, as required by the All Writs Act. (ECF No. 147.) The Court did

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not need a response from Plaintiff to resolve Plaintiff’s motions.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for reconsideration (ECF
No. 150) is denied.

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Dated: July 11, 2019

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Troy L. Nunley
United States District Judge

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