Grayton v. Carroll et al

Filing 6

ORDER denying Motion for Reconsideration [Doc. No. 5 ]. Signed by Judge Cathy Ann Bencivengo on 9/9/2020. (All non-registered users served via U.S. Mail Service)(anh)

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Case 3:20-cv-01584-CAB-WVG Document 6 Filed 09/09/20 PageID.41 Page 1 of 2 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 MAURICE GRAYTON, Case No.: 20-cv-1584-CAB-WVG Plaintiff, 13 14 v. 15 ORDER DENYING MOTION FOR RECONSIDERATION TIFFANY L. CARROLL et al., 16 [Doc. No. 5] Defendants. 17 18 19 20 On August 19, 2020 this Court issued an Order denying Plaintiff’s application for 21 leave to proceed in forma pauperis and sua sponte dismissing Plaintiff’s complaint pursuant 22 to 28 U.S.C. § 1915(e)(2)(B). [Doc. No. 3.] On August 24, 2020, Plaintiff filed a motion 23 for reconsideration. [Doc. No. 5.] 24 “Although Rule 59(e) permits a district court to reconsider and amend a previous 25 order, the rule offers an extraordinary remedy, to be used sparingly in the interests of 26 finality and conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 229 27 F.3d 877, 890 (9th Cir. 2000) (internal quotation marks and citation omitted). A Rule 59(e) 28 motion for reconsideration may not be used to raise arguments or present evidence for the 1 20-cv-1584-CAB-WVG Case 3:20-cv-01584-CAB-WVG Document 6 Filed 09/09/20 PageID.42 Page 2 of 2 1 first time when they could reasonably have been raised earlier in the litigation. Id. “[A]fter 2 thoughts” or “shifting of ground” do not constitute an appropriate basis for reconsideration. 3 Ausmus v. Lexington Ins. Co., No. 08–CV–2342–L, 2009 WL 2058549, at *2 (S.D. Cal. 4 July 15, 2009). In other words, a Rule 59(e) motion does not give parties a “second bite at 5 the apple.” See Weeks v. Bayer, 246 F.3d 1231, 1236–37 (9th Cir. 2001); see also 6 Keweenaw Bay Indian Cmty. v. State of Mich., 152 F.R.D. 562, 563 (W.D. Mich. 1992) 7 (“[W]here the movant is attempting to obtain a complete reversal of the court’s judgment 8 by offering essentially the same arguments presented on the original motion, the proper 9 vehicle for relief is an appeal.”). 10 Here, Plaintiff’s application to proceed in forma pauperis was denied because 11 Plaintiff indicated he receives $4,400 in monthly disability payments. Plaintiff’s complaint 12 was dismissed sua sponte because Plaintiff failed to state a claim and without leave to 13 amend as frivolous. Upon additional review, the Court does not find that Plaintiff 14 presented any verifiable factual or evidentiary support to justify vacating its previous order. 15 Plaintiff’s motion for reconsideration is DENIED. 16 17 It is SO ORDERED. Dated: September 9, 2020 18 19 20 21 22 23 24 25 26 27 28 2 20-cv-1584-CAB-WVG

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