v. Avitta et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17cv2440-LAB (JLB)
ORDER DENYING MOTION FOR
UNITED STATES OF AMERICA, et al.,
Three weeks ago, the Court dismissed Avitta's complaint with prejudice as frivolous
and failing to state a claim . [Dkt. 7.] She filed a motion for reconsideration. Courts may grant
a motion for reconsideration based on any reason that justifies relief. Fed. R. Civ. P.
60(b)(6). But these motions are disfavored absent new evidence, a change in law, or clear
error. And the Court requires parties to seek leave before filing for reconsideration . Standing
Order§ 4. Avitta's motion is difficult to decipher, and the Court can't find any justification for
relief. She says that the Court improperly dismissed the case "before any attorney was
assigned" to her in violation of her constitutional rights. That's incorrect. A court may appoint
counsel under exceptional circumstances, but otherwise, citizens aren't entitled to counsel
in a civil case. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). The motion for
reconsideration is DENIED.
IT IS SO ORDERED.
q - l~
HONORABLE LARRY ALAN BURNS
United States District Judge
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