Hicks v. Evans

Filing 124

ORDER DENYING MOTION FOR RECONSIDERATION 122 (Illston, Susan) (Filed on 11/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL J. HICKS,

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No. C 08-1146 SI (pr)

Plaintiff,

ORDER DENYING MOTION FOR
RECONSIDERATION

v.
M. S. EVANS, warden,

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Defendant.
/

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Plaintiff filed a request for reconsideration of the court's order granting summary

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judgment for defendants. In support of that request, he also filed a request for judicial notice of

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the reporter's transcript of a June 28, 2007 hearing in the Whitted action in Sacramento County

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Superior Court. The request for judicial notice is GRANTED. (Docket # 123.) The Whitted

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transcript does nothing to aid plaintiff's cause; indeed, it provides even more evidence that he

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dug in his heels in his demand for a law library or "law computer" rather than attempt to make

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use of the paging system that was available. As the court explained at pages 8-9 of the order

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granting summary judgment for defendants, Lewis v. Casey, 518 U.S. 343, 350-51 (1996),

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doesn't support insistence on a particular means to do legal research.

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reconsideration is DENIED because he has not presented newly discovered evidence, showed

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that the court committed clear error, or identified an intervening change in the law that affects

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this case. See McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (en banc). (Docket

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# 122.)

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The request for

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At plaintiff's request, the court construed Docket # 120 to be a notice of appeal. All
further motions must be filed in the Ninth Circuit.
IT IS SO ORDERED.
Dated: November 30, 2012

_______________________
SUSAN ILLSTON
United States District Judge

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