Vieira v. Van Winkle

Filing 12

ORDER DENYING POST-JUDGMENT MOTION 11 (Illston, Susan) (Filed on 11/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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RICHARD JOHN VIEIRA,

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No. C 14-3568 SI (pr)

Plaintiff,

ORDER DENYING POSTJUDGMENT MOTION

v.
WESLEY A. VAN WINKLE,
Defendant.
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Plaintiff has filed a "motion for rehearing and clarification of dismissal," in which he

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argues that the court erred in dismissing this action. A motion for reconsideration under Federal

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Rule of Civil Procedure 59(e) "'should not be granted, absent highly unusual circumstances,

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unless the district court is presented with newly discovered evidence, committed clear error, or

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if there is an intervening change in the law."' McDowell v. Calderon, 197 F.3d 1253, 1255 (9th

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Cir. 1999) (citation omitted) (en banc). Plaintiff has not shown newly discovered evidence, clear

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error, or an intervening change in the law. Therefore, his motion for rehearing and clarification

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of dismissal is DENIED. Docket # 11

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IT IS SO ORDERED.
Dated: November 10, 2014

_______________________
SUSAN ILLSTON
United States District Judge