Johnson v. Cox et al

Filing 64

ORDER that 59 Motion for Reconsideration is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 4/20/16. (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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RANDY JOHNSON,
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Plaintiff(s),
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vs.
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JAMES COX, et al.,
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Defendant(s).
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Case No. 2:14-cv-01326-JCM-NJK
ORDER
(Docket No. 59)

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Pending before the Court is Plaintiff’s motion to reconsider. Docket No. 59. Defendants filed

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a response in opposition. Docket No. 60; see also Docket No. 61. No reply has been filed. The Court

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finds this motion properly decided without oral argument. See Local Rule 78-2. For the reasons

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discussed below, the motion is hereby DENIED.

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Motions for reconsideration are disfavored. E.g., Kabo Tools Co. v. Porauto Indus. Co., 2013

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WL 5947138, *2 (D. Nev. Oct. 31, 2013) (citing Japan Cash Mach. Co. v. Mei, Inc., 2008 U.S. Dist.

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Lexis 98778, *7 (D. Nev. Nov. 20, 2008)). “Reconsideration is appropriate if the district court (1) is

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presented with newly discovered evidence; (2) committed clear error or the initial decision was

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manifestly unjust; or (3) if there is an intervening change in controlling law.” Kabo Tools, 2013 WL

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5947138, at *2 (quoting Frasure v. United States, 256 F. Supp. 2d 1180, 1183 (D. Nev. 2004)).

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The Court construes the pending motion broadly as seeking reconsideration of both the order

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denying without prejudice Plaintiff’s motion to file a supplemental complaint and the report and

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recommendation that this case proceed without the claims against Defendants Baca and Donat. See

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Docket No. 59 at 3 (referring to Docket Nos. 54 and 55). The Court finds reconsideration not proper

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as to either the order or the report and recommendation.

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At bottom, Plaintiff’s motion indicates that he was unable to meet certain deadlines because he

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was in administrative segregation and lacked an instrument with which to write. See Docket No. 59 at

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2-4. Such assertions are inapposite to the order denying Plaintiff’s motion for leave to file a

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supplemental complaint. See Docket No. 54 (noting three deficiencies with the motion, none of which

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are addressed in the motion for reconsideration). With respect to the report and recommendation, the

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undersigned determined that it was necessary to proceed without the claims against Defendants Baca and

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Donat because other alternatives were not available to move the case forward given Plaintiff’s failure

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to comply with numerous orders to file a proper amended complaint. See, e.g., Docket No. 56 at 3.

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Plaintiff’s motion for reconsideration fails to provide any indication that Plaintiff will comply with the

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Court’s order to file a proper amended complaint with the corrected names of Defendants Baca and

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Donat, and instead asks for yet another 60-day extension. See, e.g., Docket No. 59 at 4. In light of the

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history of this case and the multiple opportunities to file a proper amended complaint already extended

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Plaintiff, the Court finds there are insufficient grounds to reconsider the report and recommendation.

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The motion for reconsideration is therefore DENIED.

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IT IS SO ORDERED.

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DATED: April 20, 2016

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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