Fowler v. Peery et al

Filing 9

ORDER DENYING 8 Motion for District Judge to Reconsider Order. IT IS SO ORDERED. Signed by Chief Judge Robert C. Jones on 8/14/2012. (Copies have been distributed pursuant to the NEF - MLC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 PAUL D. FOWLER, 11 ) ) ) ) ) ) ) ) ) ) 12 Plaintiff prisoner sued Defendants in this Court, alleging several constitutional violations 7 Plaintiff, 8 vs. 9 JOHN PEERY et al., 10 Defendants. 3:11-cv-00421-RCJ-VPC ORDER 13 arising out of Defendants’ refusal to permit him to carry with him at all times a water bottle of 14 his choice. The Court screened and dismissed the Complaint pursuant to 28 U.S.C. § 1915A. 15 Plaintiff has filed the present motion to reconsider pursuant to Rule 60(b)(1). First, the Court’s 16 dismissal was based upon the merits, not upon any “mistake, inadvertence, surprise, or excusable 17 neglect” cognizable under Rule 60(b)(1). Second, the motion contains no argumentation why 18 Plaintiff believes the Court erred in a way warranting relief under Rules 59(e) or 60(b)(6). CONCLUSION 19 20 IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 8) is DENIED. 21 IT IS SO ORDERED. 22 Dated this 14th day of August, 2012. 23 24 25 _____________________________________ ROBERT C. JONES United States District Judge

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