Bailey et al v. Suey et al

Filing 65

ORDER that 56 Motion for Reconsideration is DENIED. Signed by Judge James C. Mahan on 12/17/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANTHONY BAILEY, et al.,

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2:12-CV-1954 JCM (CWH)

Plaintiff(s),
v.
CLARK COUNTY, NEVADA, et al.,

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Defendant(s).

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ORDER

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Presently before the court is non-party Andre King-Hardiman’s motion for reconsideration.

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(Doc. # 56). King-Hardiman moves the court to reconsider the following orders: doc. ## 37, 38, 40,

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41, 42, 43, 44, 47, 48 and 50.

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King-Hardiman does not identify what rule(s) he is bringing the instant motion under, instead

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labeling his motion as an “appeal.” Likewise, he does not discuss the applicable standard of review.

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Upon review, the court will construe the instant motion as one requesting a district judge’s

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reconsideration of a magistrate judge’s order brought pursuant to LR IB 3-1.

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“A district judge may reconsider any pretrial matter referred to a magistrate judge in a civil

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or criminal case...where it has been shown that the magistrate judge’s ruling is clearly erroneous or

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contrary to law.” LR IB 3-1(a). There are three grounds justifying reconsideration: (1) an

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intervening or change in controlling case law; (2) the availability of new evidence; and (3) the need

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to correct a clear error or prevent manifest injustice. See School Dist. No. 1J v. ACandS, Inc., 5 F.3d

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1255, 1263 (9th Cir. 1993).

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James C. Mahan
U.S. District Judge

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Despite his assertions to the contrary, King-Hardiman is not presenting the motion based on

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one of the recognized grounds for a motion for reconsideration. Instead, he simply hopes the court

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will arrive at a different conclusion if it revisits the issue. This is not the purpose of a motion for

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reconsideration. See Teller v. Dogge, no. 2:12-cv-591-JCM-GWF, 2013 WL 508326, at *6 n. 6 (D.

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Nev. Feb. 8, 2013) (“Motions for reconsideration are not appropriate when a party wants the court

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to think about the issue again in the hope that the court will come out the other way the second

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time.”).

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Rather than present a valid basis for reconsideration, King-Hardiman apparently takes issue

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with the magistrate’s interpretation of the applicable federal rules. King-Hardiman has not shown

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that the magistrate’s rulings were clearly erroneous or contrary to law. Instead, his objections simply

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demonstrate a manifest lack of understanding of the rules. For example, King-Hardiman seeks

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reconsideration of orders denying motions filed by other non-parties seeking to join. (See, e.g., doc.

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## 43, 47, 48). In addition, he seeks reconsideration of stricken notices and denied motions filed by

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a named plaintiff, Anthony Bailey. (See, e.g., doc. ## 37, 38, 40, 41).

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As has been previously noted on multiple occasions, this is not a class action. Indeed, the

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motion for class certification was denied. (See doc. # 40). As the magistrate judge very clearly

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stated, “[c]ontrary to King-Hardiman’s position, he has not been denied access to the court or

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precluded from raising his claims. He has simply been precluded from joining this case...if King-

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Hardiman wishes to file suit based on the inadequacy of conditions related to his confinement, he

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must do so separately and in full compliance with the applicable statutes and rules.” (Doc. # 53).

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Although the court recognizes King-Hardiman is acting in pro se, “pro se litigants in the

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ordinary civil case should not be treated more favorably than parties with attorneys of record.”

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Jacobsen v. Filler, 790 F.2d 1362, 1364 (9th Cir.1986). King-Hardiman is hereby warned that, as

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a non-party to this action, any future renegade documents filed by him in this action will be stricken

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without consideration.

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...

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...

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that non-party Andre King-

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Hardiman’s motion for reconsideration (doc. # 56) be, and the same hereby is, DENIED.
DATED December 17, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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