Alfred v. Gillispie et al

Filing 34

ORDER that Plaintiff's 32 Motion for Reconsideration is Stricken from the record. Signed by Judge James C. Mahan on 12/8/2016. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

WILLIAM ALFRED,

8
9
10
11

Case No. 2:13-CV-519 JCM (VCF)
Plaintiff(s),

ORDER

v.
SHERIFF DOUGLAS GILLESPIE, et al.,
Defendant(s).

12
13
14
15
16
17
18

Presently before the court is plaintiff William Alfred, Jr.’s motion to reconsider. (ECF No.
32). Defendant Las Vegas Metropolitan Police Department filed a response. (ECF No. 33).
On August 6, 2014, the court granted defendant’s motion to dismiss with prejudice based
on statute of limitations and judgment was entered that same day. (ECF Nos. 30, 31).
More than two years later, plaintiff filed the instant motion seeking reconsideration of the
court’s August 6th order and judgment. (ECF No. 32).

19

A motion for reconsideration “should not be granted, absent highly unusual

20

circumstances.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000).

21

“Reconsideration is appropriate if the district court (1) is presented with newly discovered

22

evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is

23

an intervening change in controlling law.” School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263

24

(9th Cir. 1993); Fed. R. Civ. P. 60(b). “A motion to alter or amend a judgment must be filed no

25

later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e).

26

Plaintiff has not set forth any argument, new evidence, or change in controlling law in

27

support of his motion. Notwithstanding, plaintiff improperly filed the instant motion pro se, rather

28

than through his counsel of record, Herbert Sachs, in violation of Local Rule IA 11-6(a), which

James C. Mahan
U.S. District Judge

1

provides that “once an attorney makes an appearance on behalf of a party, that party may not

2

personally file a document with the court; all filings must thereafter be made by the attorney.” LR

3

IA 11-6(a).

4

In light of the foregoing, plaintiff’s motion to reconsider filed pro se will be stricken.

5

Accordingly,

6

IT IS HEREBY ORDERED that plaintiff’s motion to reconsider (ECF No. 32) be, and the

7
8
9
10

same hereby is, STRICKEN from the record.
DATED December 8, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-