Belanus v. Chandler et al

Filing 14

ORDER denying 13 Motion for Reconsideration Signed by Judge Donald W. Molloy on 11/3/2011. Mailed to Belanus. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONfANA

HELENA DIVISION

DUANE RONALD BELANUS,
Plaintiff,
v.

TRACY CHANDLER, RAYMOND
POTTER, LEO GALLAGHER,
MELISSA BROCH, CATHY
MURPHY, and JEFFREY
.BHERLo€K, :", ..,. . 0,
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Defendants.
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CV 11-00026-H-DWM-RKS

ORDER

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Pro se Plaintiff Duane Ronald Belanus has filed a motion (dkt # 13) that
essentially asks the Court to reconsider its Order (dkt # 11) ofAugust 29, 2011.
That Order adopted the Findings and Recommendations of Judge Lynch and
dismissed this matter with prejudice for failure to state a claim upon which relief
can be granted. Judgment was entered on August 30, 2011. No appeal was filed.
This Court construes Belanus's Motion as a motion for reconsideration.
Before filing a motion for reconsideration, a party must first seek leave of the
Court. Local R. ofProc. 7.3(a). Furthermore, "no motion for leave to file a
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motion for reconsideration may repeat any oral or written argument made by the
applying party before entry of the order." Id. at 7.3(c). A party must also show
the applicable law is materially different than the law presented to the Court
before entry of the Order or that he did not know the law before entry of the Order.
Id. at 7.3 (b).

In his Motion, Belanus does not request leave to file a motion for
reconsideration. Additionally, he simply reargues his case and presents the same
law already considered by the Court. Be1anus has failed to identify clear error by
the Court, McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999), and the
Court sees no clearierrorin itsjudgment, .

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. . . A'" Accordingly;d'FrISJ:IEREBY ORDEREnthat Plaintiffs Motion (dIet # B}' . "
is DENIED.
IT IS FURTHER ORDERED that the Court declines to construe Plaintiffs
Motion as a Notice ofAppeal. If he wishes to appeal, he should file a separate
notice of appeal.

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Dated this ~ day of November, 2011.

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