Harden v. High Desert State Prison et al

Filing 180

ORDER Denying 159 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Carl W. Hoffman on 3/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAROLD D. HARDEN,

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Plaintiff,
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v.
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HIGH DESERT STATE PRISON, et al,
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Defendant.
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_______________________________________ )

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Case No. 2:15-cv-01168-RFB-CWH

ORDER

Presently before the Court is Plaintiff’s motion to reconsider (ECF No. #159), filed on
November 8, 2016. Defendants have not filed a response.

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Plaintiff moves the Court to reconsider its order issued on November 2, 2016 (ECF No. 157),

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which denied a number of motions in this case (ECF Nos. 84, 86, 90, 91, 92, 93, 94, 138, 143, and

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148), and granted two motions (ECF Nos. 136 and 139). Although motions for reconsideration are

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disfavored, the Court may reconsider an order upon a showing that (1) there is newly discovered

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evidence that was not available when the original motion or response was filed, (2) the court

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

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change in controlling law. Local Rule 59-1(a). A motion for reconsideration must not repeat

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arguments already presented except to the extent necessary to explain relevant law or facts. Local

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Rule 59-1(b).

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Here, construing the motion liberally, Plaintiff argues that the Court’s order was in error and

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unjust. However, Plaintiff merely repeats arguments made in the motions the Court considered in its

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order. The Court has considered these arguments and was not persuaded. Plaintiff does not present

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any new evidence, or any intervening change in controlling law. The Court therefore finds no cause

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to reconsider its order.

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IT IS THEREFORE ORDERED that Plaintiff’s motion for reconsideration (ECF No. 159) is
DENIED.

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DATED: March 6, 2017.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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