Anderson v. Valenzuela et al
Filing
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ORDER Denying 11 Motion to Reconsider 9 Order. Signed by Magistrate Judge Nancy J. Koppe on 10/17/17. (Copies have been distributed pursuant to the NEF - MR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ARNOLD ANDERSON,
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Plaintiff(s),
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v.
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GILBERTO VALENZUELA, et al.,
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Defendant(s).
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Case No. 2:17-cv-02070-APG-NJK
ORDER
(Docket No. 11)
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Pending before the Court is a motion for reconsideration. Docket No. 11. Motions for
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reconsideration are disfavored. Local Rule 59-1(b). The Local Rules provide the applicable standards
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in addressing whether the Court should reconsider an interlocutory order. In particular, reconsideration
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may be appropriate if (1) there is newly discovered evidence that was not available when the original
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motion or response was filed, (2) the court committed clear error or the initial decision was manifestly
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unjust, or (3) if there is an intervening change in controlling law. Local Rule 59-1(a). The pending
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motion fails to meet these standards, and is DENIED.
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Plaintiff’s motion is premised on his fear that he will not be afforded an opportunity to serve
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Defendants in the event his case is allowed to proceed following completion of his criminal case in state
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court. See Docket No. 11. In the event the stay of this case is lifted and the Court determines that
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Plaintiff’s case can proceed, the Court will afford a period for service to be completed.1
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IT IS SO ORDERED.
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DATED: October 17, 2017
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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Plaintiff’s case may be dismissed upon completion of his criminal case if he is convicted. See
Docket No. 8 at 3 (citing Heck v. Humphrey, 512 U.S. 477 (1994)).
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