Witkin v. Lee et al
Filing
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ORDER signed by District Judge John A. Mendez on 9/9/2020 DENYING 56 Motion for Relief from Judgment. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL AARON WITKIN,
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No. 2:17-cv-0232-JAM-EFB P
Plaintiff,
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v.
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M. LEE,
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ORDER
Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. On July 29, 2020, the court dismissed this action with prejudice pursuant to 28
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U.S.C. § 1915(e)(2)(A). ECF No. 54. Judgment was duly entered. ECF No. 55. Plaintiff now
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moves for relief from judgment. ECF No. 56.
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“[A] motion for reconsideration should not be granted, absent highly unusual
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circumstances, unless the district court is presented with newly discovered evidence, committed
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clear error, or if there is an intervening change in the controlling law.” 389 Orange St. Partners v.
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Arnold, 179 F.3d 656, 665 (9th Cir. 1999) (analyzing Federal Rule 59(e) of Civil Procedure,
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providing for the alteration or amendment of a judgment); see also E.D. Cal. Local Rule 230(j)
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(requiring that a motion for reconsideration explain why any new or different facts or
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circumstances were not previously presented to the court). In addition, Rule 60(b) of the Federal
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Rules of Civil Procedure provides for reconsideration of a final judgment where one of more of
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the 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).
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Plaintiff’s motion (ECF No. 56) advances arguments (see ECF Nos. 51 & 53) that have
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previously been presented to and rejected by the court (ECF No. 54). Plaintiff’s motion thus fails
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to satisfy the Rule 60(b) standards.
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Accordingly, IT IS ORDERED that plaintiff’s motion for relief from judgment (ECF No.
56), is DENIED.
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DATED: September 9, 2020
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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