Carrillo v. Gillespie et al

Filing 118

ORDER Denying 98 Plaintiff's Motion for Reconsideration. Signed by Judge Jennifer A. Dorsey on 11/6/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 Gilberto Carillo, Plaintiff v. Douglas Gillespie et al., Case No.: 2:12-cv-02165-JAD-VCF Order Denying Motion for Reconsideration [Doc. 98] Defendants 14 15 Before the Court is Plaintiff’s Motion for Reconsideration, Doc. 98, asking the Court to 16 reconsider the Order denying appointed counsel that was entered May 6, 2013. Doc. 43. 17 Defendants oppose Plaintiff’s Motion Doc. 101. 18 Motions for reconsideration are not expressly authorized in the Federal Rules of Civil 19 Procedure, but district courts may grant them under Rule 59(e). See Sch. Dist. No. 1J, Multnomah 20 Cnty. v. ACandS, Inc., 179 F.3d 656, 665 (9th Cir. 1999). Reconsideration is only warranted when: 21 (1) the movant presents newly discovered evidence, (2) the district court committed clear error or 22 the initial ruling was manifestly unjust, or (3) there is an intervening change in controlling law. Id. 23 (citing All Haw. Tours, Corp. v. Polynesian Cultural Ctr., 116 F.R.D. 645, 648 (D. Haw. 1987)). 24 Although reconsideration may also be warranted under other highly unusual circumstances, it is well 25 recognized as an “extraordinary remedy, to be used sparingly in the interests of finality and 26 conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2007) (quoting 27 12 James Wm. Moore et al., Moore’s Federal Practice § 59.30[4] (3d ed. 2000)). 28 The Court finds no new evidence, clear error or manifest injustice, or intervening change in 1 law that would warrant reconsideration of the order he now challenges. 2 Accordingly, and with good cause appearing: 3 It is hereby ORDERED that Plaintiff’s Motion for Reconsideration [Doc. 98] is DENIED. 4 DATED November 6, 2013. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE

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