Bray v. The People of the State of California

Filing 10

ORDER signed by District Judge John A. Mendez on 1/5/2017 DENYING 9 Motion for reconsideration. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERMEL LARRY BRAY,

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Petitioner,

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No. 2:16-cv-802 JAM CKD P

v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Before the court is petitioner’s October 17, 2016 motion to alter or amend the judgment

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entered on August 30, 2016, dismissing this action without prejudice. A district court may

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reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist.

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Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993).

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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.” Id. at 1263.
Here, having reviewed petitioner’s motion and the record of this action, the court has

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determined that none of these three conditions apply.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for reconsideration

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(ECF No. 9) is denied.

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DATED: January 5, 2017

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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