Stephen v. Fox et al

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/6/2017 DENYING plaintiff's 9 motion to alter or amend the judgment; and this action is DISMISSED without prejudice. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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No. 2:16-cv-2574 CKD P

Plaintiff,

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v.

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R. W. FOX, et al.,

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ORDER

Defendants.

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On January 26, 2017, plaintiff, a Three Strikes litigant, was ordered to pay the filing fee

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within fourteen days or face dismissal of this action. (ECF No. 7.) That period has now expired,

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and plaintiff has filed what is effectively a motion for reconsideration of the January 26, 2017

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order (ECF No. 9), but has not paid the filing fee.

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A district court1 may reconsider a ruling under either Federal Rule of Civil Procedure

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59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255,

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1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with

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newly discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. Here, the January

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26, 2017 order was not clearly erroneous nor manifestly unjust, and none of the other factors

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Plaintiff has consented to magistrate judge jurisdiction to conduct all proceedings in this action.
(ECF No. 4.)
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apply. Because plaintiff has not paid the filing fee within the required time period, the court will

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dismiss this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to alter or amend judgment (ECF No. 9) is denied; and

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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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Dated: February 16, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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