Rojo

Filing 84

Order by Hon. Vince Chhabria denying 83 Motion to Alter or Amend Judgment Under Rule 59(E).(knm, COURT STAFF) (Filed on 8/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. ROJO,

Case No. 12-cv-02518-VC

Plaintiff,
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ORDER DENYING MOTION TO
ALTER OR AMEND JUDGMENT
UNDER RULE 59(E)

v.
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DARREN BRIGHT, et al.,

Re: Dkt. No. 83

Defendants.
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United States District Court
Northern District of California

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Plaintiff James E. Rojo, a state prisoner, filed a pro se civil rights complaint. On July 29,
2015, the Court issued an order granting the defendants’ motion for dismissal and for summary
judgment and entered judgment in favor of the defendants. On August 14, 2015, Rojo filed a
motion to alter or amend the judgment under Rule 59(e) of the Federal Rules of Civil Procedure.
“Under Rule 59(e), it is appropriate to alter or amend a judgment if ‘(1) the district court is
presented with newly discovered evidence, (2) the district court committed clear error or made an

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initial decision that was manifestly unjust, or (3) there is an intervening change in controlling
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law.’” United Nat. Ins. Co. v. Spectrum Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009). A

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motion under Rule 59(e) is not a vehicle permitting the unsuccessful party to repeat arguments
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previously presented, or to present "contentions which might have been raised prior to the
challenged judgment." Costello v. United States, 765 F. Supp. 1003, 1009 (C.D. Cal. 1991).
In his motion, Rojo merely repeats arguments made in his opposition to the defendants’
motion. He raises no new facts or issues of law. This is insufficient for relief under Rule 59(e).
Accordingly, the motion to alter or amend the judgment is denied.

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IT IS SO ORDERED.
Dated: August 25, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. ROJO,

Case No. 12-cv-02518-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DARREN BRIGHT, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 25, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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James E. Rojo ID: J-53355
D20-134
480 Alta Road
San Diego, CA 92179

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Dated: August 25, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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