Stevenson v. Churchill County et al

Filing 11

ORDER denying 7 Motion for District Judge to Reconsider Order. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD ALEX STEVENSON,
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Plaintiff,

Case No. 3:14-cv-00137-RCJ-WGC

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vs.

ORDER

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CHURCHILL, COUNTY OF, et al.,
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Defendants.
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This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. On May 28, 2014, the

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court issued an order dismissing this action (#4), and judgment was entered (#5). Before the court is

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plaintiff’s motion for district judge to reconsider order (#7).

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Where a ruling has resulted in final judgment or order, a motion for reconsideration may be

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construed either as a motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure

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59(e), or as a motion for relief from judgment pursuant to Federal Rule 60(b). School Dist. No. 1J

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Multnomah County v. AC&S, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993), cert. denied 512 U.S. 1236 (1994).

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Under Fed. R. Civ. P. 60(b) the court may relieve a party from a final judgment or
order for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly
discovered evidence that, with reasonable diligence, could not have
been discovered in time to move for a new trial under Rule 59(b); (3)
fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party; (4) the

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judgment is void; (5) the judgment has been satisfied, released, or
discharged; it is based on an earlier judgment that has been reversed
or otherwise vacated; or applying it prospectively is no longer
equitable; or (6) any other reason that justifies relief.

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Motions to reconsider are generally left to the discretion of the trial court. See Combs v. Nick Garin
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Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987). In order to succeed on a motion to reconsider, a party
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must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior
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decision. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986),
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aff’d in part and rev’d in part on other grounds 828 F.2d 514 (9th Cir. 1987). Rule 59(e) of the Federal

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Rules of Civil Procedure provides that any “motion to alter or amend a judgment must be filed no later
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than 28 days after entry of the judgment.” Furthermore, a motion under Fed. R. Civ. P. 59(e) “should
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not be granted, absent highly unusual circumstances, unless the district court is presented with newly
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discovered evidence, committed clear error, or if there is an intervening change in the controlling law.”
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Herbst v. Cook, 260 F.3d 1039, 1044 (9th Cir. 2001), quoting McDowell v. Calderon, 197 F.3d 1253,
1255 (9th Cir. 1999).

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In the order dated May 28, 2014, the court dismissed plaintiff’s First Amendment challenge to
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a Nevada statute for lack of standing and because his claim is barred under Heck v. Humphrey, 512 U.S.
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477 (1994). In his motion, plaintiff claims that has standing because, at some point that has yet to be
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determined but at a minimum is several years away, he will be paroled and that he only seeks
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prospective relief, not to invalidate his conviction (#7). Plaintiff has failed to make an adequate
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showing under either Rule 60(b) or 59(e) that this court’s order dismissing the action should be
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reversed.
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IT IS THEREFORE ORDERED that plaintiff’s motion for district court to reconsider
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order (#7) is DENIED.
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Dated: This 19th day of November, 2014.
DATED: November 7, 2014.

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_________________________________________
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UNITED STATES DISTRICT JUDGE
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