Wallace v. Olivarria et al

Filing 7

ORDER Denying Plaintiff's 6 Motion for Reconsideration. Signed by Judge Cynthia Bashant on 8/11/2016. (All non-registered users served via U.S. Mail Service)(rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TYRONE WALLACE, P-48941,
Plaintiff,

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Case No. 16-cv-1808-BAS-PCL
ORDER DENYING PLAINTIFF’S
MOTION FOR
RECONSIDERATION

v.
CCII OLIVARRIA; CCII B. SELF;
CIO R. ARMENDARIZ; LT. J.
MCNEIL; D. ARGUILEZ,
Defendants.

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Presently before the Court is Plaintiff Tyrone Wallace’s motion for

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reconsideration of this Court’s August 2, 2016 Order. (ECF No. 6.) In that Order, the

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Court dismissed without prejudice Plaintiff’s civil rights complaint brought under 42

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U.S.C. § 1983 because Plaintiff failed to pay the required filing fee or request to

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proceed in forma pauperis. (ECF No. 4.) Plaintiff moves for reconsideration of that

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Order on the grounds that he is still waiting for the relevant prison officials to provide

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him his certified trust account statement. (ECF No. 6, 2:3–20.)

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Reconsideration is an extraordinary remedy available only under exceptional
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circumstances. See Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.

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2000); Engleson v. Burlington N.R. Co., 972 F.2d 1038, 1044 (9th Cir.1994). In this

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case, reconsideration is unnecessary because the Court dismissed the case without

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prejudice—Plaintiff may refile his claims whenever he is ready to either (1) pay the

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required filing fee or (2) request to proceed in forma pauperis. In addition, when

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Plaintiff does refile his complaint, he can at that time correct or add claims as he

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apparently would like to do. Finally, to the extent Plaintiff is requesting

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reconsideration of the Court’s denial of Plaintiff’s motion to appoint counsel, this too

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is inappropriate. The Court denied Plaintiff’s motion to appoint counsel as moot

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because Plaintiff had not commenced the action by paying the required filing fee or

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requesting to proceed in forma pauperis. Once Plaintiff has properly commenced the

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litigation, he can consider whether he wants to again bring a motion to appoint

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counsel.

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For these reasons, the Court DENIES Plaintiff’s motion for reconsideration.
(ECF No. 6.)
IT IS SO ORDERED.

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DATED: August 11, 2016

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