Lorretz et al v. Comey et al

Filing 73

ORDER signed by District Judge Troy L. Nunley on 9/12/17, DENYING Plaintiff's 43 motion for reconsideration. All other pending motions are DENIED as MOOT. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DIANNA LEE WALLACH LORRETZ, 12 13 14 15 16 No. 17-cv-00090-TLN-EFB Plaintiff, v. ORDER JAMES COMEY, Director of the Federal Bureau of Investigation, et al., Defendants. 17 18 On April 17, 2017, the magistrate judge filed findings and recommendations herein, which 19 were served on the parties and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. (ECF No. 30.) Plaintiff filed timely 21 objections to the findings and recommendations. (ECF No. 32.) On June 12, 2017, this Court 22 adopted the findings and recommendations, and the first amended complaint was dismissed 23 without leave to amend. (ECF No. 41.) The case was accordingly closed. 24 On June 13, 2017, Plaintiff filed a document indicating that she opposed the Court’s Order 25 (ECF No. 41) and the closing of her case. (ECF No. 43.) The Court construes this as a motion 26 for reconsideration pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. “Under Rule 27 59(e), a motion for reconsideration should not be granted, absent highly unusual circumstances, 28 unless the district court is presented with newly discovered evidence, committed clear error, or if 1 there is an intervening change in the controlling law.” 389 Orange St. Partners v. Arnold, 179 2 F.3d 656, 665 (9th Cir. 1999). The Court has carefully reviewed the entire file, including 3 Plaintiff’s “opposition” (ECF No. 43). The Court still finds the findings and recommendations to 4 be supported by the record and by proper analysis. Simply put, the Rule 59(e) standard is not met 5 here. Consequently, this case is closed. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s motion for reconsideration (ECF No. 43) is denied; 8 2. All other pending motions are denied as moot; and 9 3. The Clerk of the Court is directed to close this case. 10 11 Dated: September 12, 2017 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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