Riggs v. Sandie et al

Filing 14

ORDER denying ECF No. 8 Motion for District Judge to Reconsider Order. Signed by Judge Miranda M. Du on 10/25/2017. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

DANIEL HARVEY RIGGS,

Case No. 3:16-cv-00477-MMD-WGC
Plaintiff,

11
v.

ORDER

12
WILLIAM SANDIE, et al.,
13
Defendants.
14
15

The Court adopted the United States Magistrate Judge William G. Cobb’s Report

16

and Recommendation (ECF No. 4) to dismiss certain claims without prejudice and

17

certain claims with prejudice. (ECF No. 6.) Plaintiff has moved for reconsideration. (ECF

18

No. 8.)

19

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

20

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

21

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

22

F.Supp.2d 1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1) is

23

presented with newly discovered evidence, (2) committed clear error or the initial

24

decision was manifestly unjust, or (3) if there is an intervening change in controlling law.”

25

Sch. Dist. No. 1J v. Acands, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “A motion for

26

reconsideration is not an avenue to re-litigate the same issues and arguments upon

27

which the court already has ruled.” Brown v. Kinross Gold, U.S.A., 378 F.Supp.2d 1280,

28

1288 (D. Nev. 2005).

1
2
3

Plaintiff offers no valid reason for the Court to reconsider. Accordingly, Plaintiff’s
motion for reconsideration (ECF No. 8) is denied.
DATED THIS 25th day of October 2017.

4
5
6

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2