Polk v. Cavin et al

Filing 292

ORDER DENYING 290 PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on August 13, 2013.(mmcsecS, COURT STAFF) (Filed on 8/13/2013)

Polk v. Cavin et al

Doc. 292

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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)
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Plaintiff,
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v.
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JAMES CAVIN, et al.,
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Defendants.
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_______________________________ )
SUSAN MAE POLK,

No. C 08-1483 MMC (PR)
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION
(Docket No. 290)

On March 17, 2008, plaintiff, a California prisoner then incarcerated at the Central

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California Women’s Facility, and proceeding pro se, filed the above-titled civil rights action

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under 42 U.S.C. § 1983.1 On July 22, 2013, the Court entered judgment in favor of all

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remaining defendants and closed the case. On August 7, 2013, plaintiff filed a “Motion for

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Reconsideration,” which the Court construes as a motion to alter or amend the judgment

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pursuant to Federal Rule of Civil Procedure 59(e).

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Plaintiff’s motion is hereby DENIED, for the reason that plaintiff has not shown there

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exists newly discovered evidence, clear error, or an intervening change in the law.

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See McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (en banc) (holding “[a]

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motion for reconsideration under Rule 59(e) should not be granted, absent highly unusual

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Plaintiff currently is incarcerated at the California Institution for Women.
Dockets.Justia.com

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circumstances, unless the district court is presented with newly discovered evidence,

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committed clear error, or if there is an intervening change in the law”) (citation omitted).

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No further motions should be filed in this closed action.

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This order terminates Docket No. 290.

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IT IS SO ORDERED.

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DATED: August 13, 2013
_________________________
MAXINE M. CHESNEY
United States District Judge

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For the Northern District of California

United States District Court

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