Moe v. NNCC et al

Filing 7

ORDER denying 6 motion for reconsideration. Signed by Judge Robert C. Jones on 6/30/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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NNCC et al.,
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Defendants.
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___________________________________ )

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I.

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MICHAEL JOHN MOE,

3:14-cv-689-RCJ-VPC
ORDER

DISCUSSION

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On May 21, 2015, this Court entered a screening order dismissing the complaint in its

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entirety without leave to amend. (ECF No. 3 at 8). Specifically, the Court found that Plaintiff

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failed to state a retaliation claim and due process claim.

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motion for reconsideration. (ECF No. 6).

(Id. at 4-7). Plaintiff now files a

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A motion to reconsider must set forth “some valid reason why the court should

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reconsider its prior decision” and set “forth facts or law of a strongly convincing nature to

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persuade the court to reverse its prior decision.” Frasure v. United States, 256 F.Supp.2d

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1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1) is presented with

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newly discovered evidence, (2) 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.” Sch. Dist. No. 1J v. Acands,

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Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “A motion for reconsideration is not an avenue to

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re-litigate the same issues and arguments upon which the court already has ruled.” Brown v.

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Kinross Gold, U.S.A., 378 F.Supp.2d 1280, 1288 (D. Nev. 2005).

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The Court denies Plaintiff’s motion for reconsideration. The Court does not find that
it committed clear error in its original decision.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion for reconsideration (ECF

No. 6) is denied.

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Dated this 30th day of June,June, 2015.
DATED: This _____ day of 2015.

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_________________________________
United States District Judge

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