Melanson v. Johnson
Filing
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ORDER re 31 Letter filed by Roy A. Melanson. Signed by Judge ARMSTRONG on 2/15/13. (lrc, COURT STAFF) (Filed on 2/19/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
4 ROY A. MELANSON,
Plaintiff,
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vs.
7 MARY JOHNSON,
Case No: C 11-0446 SBA (pr)
ORDER DENYING PLAINTIFF’S
RENEWED REQUEST FOR
APPOINTMENT OF COUNSEL
Docket 31
Defendants.
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On February 1, 2012, the Court denied Plaintiff’s request for appointment of
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counsel. Dkt. 23. On September 27, 2012, Plaintiff submitted a one-page letter
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which stated, inter alia: “I am pro se on [sic] this case and need the assistance of
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counsel.” Dkt. 30. Because the Court previously denied Plaintiff’s motion for
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appointment of counsel, the Court liberally construes Plaintiff’s letter as a as requet
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for reconsideration of the order denying his prior motion for the appointment of
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counsel.
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Before a party may file a motion for reconsideration, he or she must first seek
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leave to do so under Civil Local Rule 7-9. Plaintiff has not complied with this
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requirement, and the instant motion otherwise fails to make the requisite showing
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under Local Rule 7-9. The Court may summarily deny motions that are not filed in
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compliance with the Court’s local rules. See Tri-Valley CAREs v. U.S. Dept. of
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Energy 671 F.3d 1113, 1131 (9th Cir. 2012). Even if Plaintiff had sought and
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obtained leave in accordance with Civil Local Rule 7-9, he has failed to provide any
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reasons why reconsideration is warranted. See 389 Orange Street Partners v. Arnold,
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179 F.3d 656, 665 (9th Cir. 1999) (“A motion for reconsideration should not be
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granted, absent highly unusual circumstances, unless the district court is presented
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with newly discovered evidence, committed clear error, or if there is an intervening
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change in the controlling law.”). Accordingly,
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IT IS HEREBY ORDERED THAT Plaintiff’s renewed motion for
appointment of counsel (Dkt. 31) is DENIED.
IT IS SO ORDERED.
Dated: 2/15/13
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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G:\PRO-SE\SBA\CR.11\11-446 - Melanson - Order Denying Motion for Appt of Counsel.docx
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