v. Avitta et al
Filing
8
ORDER denying 7 Motion for Reconsideration. Signed by Judge Larry Alan Burns on 1/9/2018. (All non-registered users served via U.S. Mail Service)(jdt)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
ADELA AVITIA,
CASE NO. 17cv2440-LAB (JLB)
Plaintiff,
12
vs.
13
14
ORDER DENYING MOTION FOR
RECONSIDERATION
UNITED STATES OF AMERICA, et al.,
Defendants.
15
16
Three weeks ago, the Court dismissed Avitta's complaint with prejudice as frivolous
17
and failing to state a claim . [Dkt. 7.] She filed a motion for reconsideration. Courts may grant
18
a motion for reconsideration based on any reason that justifies relief. Fed. R. Civ. P.
19
60(b)(6). But these motions are disfavored absent new evidence, a change in law, or clear
20
error. And the Court requires parties to seek leave before filing for reconsideration . Standing
21
OrderĀ§ 4. Avitta's motion is difficult to decipher, and the Court can't find any justification for
22
relief. She says that the Court improperly dismissed the case "before any attorney was
23
assigned" to her in violation of her constitutional rights. That's incorrect. A court may appoint
24
counsel under exceptional circumstances, but otherwise, citizens aren't entitled to counsel
25
in a civil case. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). The motion for
26
reconsideration is DENIED.
27
IT IS SO ORDERED.
28
Dated:
l-
q - l~
HONORABLE LARRY ALAN BURNS
United States District Judge
- 1-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?