Mitchell, Jr. v. Department of Corrections et al

Filing 72

ORDER denying 60 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Nancy J. Koppe on 10/20/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD E. MITCHELL, JR.,

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Plaintiff(s),

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vs.

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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendant(s).
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Case No. 2:16-cv-00037-RFB-NJK
ORDER
(Docket No. 60)

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Pending before the Court is Plaintiff’s motion for reconsideration of the order denying his

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discovery motions. Docket No. 60. Defendants filed a response in opposition. Docket No. 64. No

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reply was filed. Motions for reconsideration are disfavored. Local Rule 59-1(b). The Local Rules

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provide the applicable standards in addressing whether the Court should reconsider an interlocutory

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order, indicating that reconsideration may be appropriate if (1) there is newly discovered evidence that

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was not available when the original motion or response was filed, (2) the Court committed clear error

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or the initial decision was manifestly unjust, or (3) there is an intervening change in controlling law.

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Local Rule 59-1(a).1

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//

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“The Federal Rules of Civil Procedure do not contain a provision governing the review of
interlocutory orders.” Philips v. C.R. Bard, Inc., 290 F.R.D. 615, 665 (D. Nev. 2013). Defendants quote
Rule 60 of the Federal Rules of Civil Procedure, which establishes the standards for seeking relief from a
final order or judgment. Docket No. 64 at 3. As Plaintiff seeks reconsideration of an interlocutory order,
the Court applies Local Rule 59-1(a).

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Having failed to meet these standards, Plaintiff’s motion for reconsideration is DENIED.

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IT IS SO ORDERED.

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DATED: October 20, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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