v. Wilson

Filing 165

ORDERED that the Motion to Reconsider (ECF No. 161 ) is DENIED. Signed by Judge Robert C. Jones on 6/14/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,

3:09-cv-00166-RCJ-WGC

vs.
ORDER

DALTON WILSON,
Defendant.

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Defendant Dalton Wilson moves the Court to reconsider its order of April 13, 2017,

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denying Plaintiff’s motion for a writ of coram nobis. (See Order, ECF No. 160.) The procedural

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history of this case and the Court’s bases for denying Defendant’s motion are detailed in that

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order. For the reasons given herein, the Court declines to reconsider.

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Granting a motion to reconsider is an “extraordinary remedy, to be used sparingly in the

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interests of finality and conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d 934,

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945 (9th Cir. 2003) (quoting 12 James Wm. Moore et al., Moore’s Federal Practice § 59.30[4]

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(3d ed. 2000)). “Reconsideration is appropriate if the district court (1) is presented with newly

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discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or

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(3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J, Multnomah Cnty., Or.

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v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). In some cases, “other, highly unusual,

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circumstances” may also warrant reconsideration. Id.

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However, a motion to reconsider “may not be used to raise arguments or present evidence

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for the first time when they could reasonably have been raised earlier in the litigation.” Carroll,

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342 F.3d at 945; see also United States v. Lopez-Cruz, 730 F.3d 803, 811–12 (9th Cir. 2013).

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Moreover, “[a] motion to reconsider is not a second chance for the losing party to make its

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strongest case or to dress up arguments that previously failed.” United States v. Huff, 782 F.3d

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1221, 1224 (10th Cir.), cert. denied, 136 S. Ct. 537 (2015).
Defendant has not presented a basis for the Court to reconsider its order. There is no

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newly discovered evidence, the Court did not commit clear error, and there has been no

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intervening change in controlling law. Judgment was entered in the case, and the case was

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closed, on July 28, 2010. (ECF No. 99.) Thereafter, Defendant filed several motions seeking

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relief from the Court’s judgment, (ECF Nos. 103, 111, 117, 118), all of which the Court denied,

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(ECF Nos. 107, 116, 123). On November 16, 2010, Defendant appealed the last of the Court’s

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orders denying relief under Rule 60(b), and on March 16, 2011, the Ninth Circuit summarily

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affirmed. (ECF No. 135.) Now, Defendant continues to file motions in which he retreads the

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same meritless jurisdictional and legal challenges that this Court and the Court of Appeals have

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already rejected. In fact, Defendant concedes that this motion for reconsideration is merely

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“repeating the jurisdictional and legal challenges and [sic] the officers of the court will not make

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jurisdiction appear on the face of the record.” (Reply 2, ECF No. 164.)
Accordingly, the motion is denied. In addition, Defendant is cautioned not to file further

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motions in this case raising arguments which are untimely or which the Court has already

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considered.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 161) is DENIED.

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IT IS SO ORDERED.

June 14, 2017

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_____________________________________
ROBERT C. JONES
United States District Judge

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