Polk v. Jones et al

Filing 11

ORDER denying ECF No. 10 Motion for Reconsideration and/or Relief from Judgment. Signed by Judge Miranda M. Du on 01/03/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 RENARD T. POLK, Case No. 3:16-cv-00250--MMD-WGC Plaintiff, 10 v. ORDER 11 ROBERT JONES, et al, 12 Defendants. 13 14 The Court adopted the Magistrate Judge’s Report and Recommendation, 15 recommending dismissal of this action because Plaintiff is essentially seeking to 16 challenge and vacate judgments in two other cases filed before the Court. (ECF No. 7.) 17 Plaintiff has moved for reconsideration and/or relief from judgment pursuant to Federal 18 Rule of Civil Procedure 59(e). (ECF No. 10.) 19 The Ninth Circuit has held that a Rule 59(e) motion for reconsideration should not 20 be granted “absent highly unusual circumstances, unless the district court is presented 21 with newly discovered evidence, committed clear error, or if there is an intervening 22 change in the controlling law.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & 23 Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting 389 Orange Street Partners v. Arnold, 24 179 F.3d 656, 665 (9th Cir. 1999)). 25 Here, Plaintiff does not present the Court with newly discovered evidence or an 26 intervening change in the law. Rather, Plaintiff appears to argue that the Court 27 committed clear error in its Order. Plaintiff simply rehashes his prior arguments and 28 makes certain new arguments that were available to him when he objected to the 1 Magistrate 2 reconsideration “may not be used to raise arguments or present evidence for the first 3 time when they could reasonably have been raised earlier in the litigation.” Kona Enters., 4 Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir 2000) (emphasis in original). In 5 essence, Plaintiff simply seeks another opportunity to persuade the Court to permit him 6 to challenge the judgments in two other cases. 7 8 9 Judge’s Report and Recommendation.1 However, a motion for It is therefore ordered that Plaintiff’s motion for reconsideration and/or relief from judgment (ECF No. 10) is denied. DATED THIS 3rd day of January 2017. 10 11 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1Plaintiff alludes to a motion to disqualify the entire court in Nevada. (ECF No. 10 at 2.) Such a motion was not filed in this case, and while Plaintiff named the undersigned in this action, he made no allegations against the undersigned. The judgments that Plaintiff seeks to vacate are in two cases presided by other district judges. The undersigned has no conflict and sees no reason to recuse. 2

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