Hammler v. Wright
Filing
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ORDER signed by District Judge Troy L. Nunley on 4/30/2021 DENYING 207 Motion for Reconsideration. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALLEN HAMMLER,
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No. 2:15-cv-01645-TLN-EFB
Plaintiff,
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v.
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ORDER
J. WRIGHT,
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Defendant.
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On February 21, 2020, this civil rights case was dismissed pursuant to the Court’s inherent
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power to dismiss an action to ensure the orderly administration of justice and the integrity of its
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orders. (ECF No. 198.) Judgment was duly entered. (ECF No. 199.)
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On March 8, 2020, Plaintiff filed a motion for reconsideration pursuant to Rule 59(e) of
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the Federal Rules of Civil Procedure. 1 (ECF No. 201.) On February 11, 2021, the Court found
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that circumstances warranted reconsideration under Rule 59(e). (ECF No. 206 at 4–5.)
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Nonetheless, upon reconsideration, the Court determined that the dismissal was still appropriate.
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(Id. at 5.)
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The motion was entered on the docket on March 30, 2020.
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On February 21, 2021, Plaintiff filed a second motion for reconsideration.2 (ECF No.
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207.) That motion, also filed pursuant to Rule 59(e), is denied as untimely. See Fed. R. Civ. P.
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59(e) (motion to alter or amend a judgment must be filed no later than 28 days after the entry of
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judgment). Even liberally construed as a Rule 60(b) motion, it is denied.
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Rule 60(b) provides for reconsideration of a final judgment where one of more of the
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following is shown: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly
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discovered evidence which, with reasonable diligence, could not have been discovered within
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twenty-eight days of entry of judgment; (3) fraud, misrepresentation, or misconduct of an
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opposing party; (4) voiding of the judgment; (5) satisfaction of the judgment; and (6) any other
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reason justifying relief. Fed. R. Civ. P. 60(b). In his motion, Plaintiff “seeks to explain himself”
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and his position as it relates to obtaining his attendance for trial in this case. (ECF No. 207 at 1.)
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Plaintiff’s change in position (or clarification thereof) does not satisfy the Rule 60(b) standards.
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Indeed, a motion for reconsideration “‘may not be used to raise arguments or present evidence for
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the first time when they could reasonably have been raised earlier in the litigation.’” Marlyn
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Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting
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Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000)).
Accordingly, IT IS ORDERED that Plaintiff’s February 21, 2021 Motion to Reconsider
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(ECF No. 207) is DENIED.
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DATED: April 30, 2021
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Troy L. Nunley
United States District Judge
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The second motion was entered on the docket on February 26, 2021.
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