Duff v. Brown et al

Filing 21

ORDER by Judge Edward M. Chen Denying 20 Motion for Rehearing and Reconsideration. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/2/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DEWEY JOE DUFF,

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No. C-12-0529 EMC (pr)

Plaintiff,
v.

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GOVERNOR EDMUND G. BROWN, et al.,

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ORDER DENYING MOTION FOR
REHEARING AND
RECONSIDERATION

Defendants.
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This action was dismissed and judgment entered on June 14, 2013 because the amended

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complaint failed to state a claim against any particular defendant and failed to comply with the order

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to correct the deficiencies in the earlier pleadings, and, alternatively, Younger abstention was

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warranted.

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Plaintiff’s motion for rehearing and reconsideration under Federal Rule of Civil Procedure

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59(e) is DENIED. (Docket # 20.) A motion for reconsideration under Rule 59(e) “‘should not be

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granted, absent highly unusual circumstances, unless the district court is presented with newly

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discovered evidence, committed clear error, or if there is an intervening change in the law.’”

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McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (citation omitted) (en banc). Plaintiff

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has not shown newly discovered evidence, clear error, or a change in the law.

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IT IS SO ORDERED.

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Dated: July 2, 2013
_________________________
EDWARD M. CHEN
United States District Judge