Melanson v. Johnson

Filing 34

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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1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 ROY A. MELANSON, Plaintiff, 5 6 vs. 7 MARY JOHNSON, Case No: C 11-0446 SBA (pr) ORDER DENYING PLAINTIFF’S RENEWED REQUEST FOR APPOINTMENT OF COUNSEL Docket 31 Defendants. 8 9 10 On February 1, 2012, the Court denied Plaintiff’s request for appointment of 11 counsel. Dkt. 23. On September 27, 2012, Plaintiff submitted a one-page letter 12 which stated, inter alia: “I am pro se on [sic] this case and need the assistance of 13 counsel.” Dkt. 30. Because the Court previously denied Plaintiff’s motion for 14 appointment of counsel, the Court liberally construes Plaintiff’s letter as a as requet 15 for reconsideration of the order denying his prior motion for the appointment of 16 counsel. 17 Before a party may file a motion for reconsideration, he or she must first seek 18 leave to do so under Civil Local Rule 7-9. Plaintiff has not complied with this 19 requirement, and the instant motion otherwise fails to make the requisite showing 20 under Local Rule 7-9. The Court may summarily deny motions that are not filed in 21 compliance with the Court’s local rules. See Tri-Valley CAREs v. U.S. Dept. of 22 Energy 671 F.3d 1113, 1131 (9th Cir. 2012). Even if Plaintiff had sought and 23 obtained leave in accordance with Civil Local Rule 7-9, he has failed to provide any 24 reasons why reconsideration is warranted. See 389 Orange Street Partners v. Arnold, 25 179 F.3d 656, 665 (9th Cir. 1999) (“A motion for reconsideration should not be 26 granted, absent highly unusual circumstances, unless the district court is presented 27 with newly discovered evidence, committed clear error, or if there is an intervening 28 change in the controlling law.”). Accordingly, 1 2 3 4 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\11-446 - Melanson - Order Denying Motion for Appt of Counsel.docx -2-

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