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)

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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-

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