Troupe v. Washington State Penitentiary et al

Filing 265

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION - denying 264 Motion for Reconsideration re 157 Sealed Motion filed by Linda Belanger, Kevin Walker, Christopher Bowman, Washington State Penitentiary, Kennith Brodhead. Signed by Senior Judge Edward F. Shea. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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13-CV-5028-EFS

Plaintiff,

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No.

DAVID TROUPE,

ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION

v.
WASHINGTON STATE PENITENTIARY, et
al.,

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Defendants.
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Before the Court, without oral argument, is Plaintiff’s Motion
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to Reconsider Motion to Compel DOH, ECF No. 231. Plaintiff asks the
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Court to reconsider its Order Denying Plaintiff’s Motion to Compel,
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ECF No. 263. A motion for reconsideration is “appropriate if the
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district court (1) is presented with newly discovered evidence, (2)
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committed clear error or the initial decision was manifestly unjust,
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or (3) if there is an intervening change in controlling law.” Sch.
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Dist. No. 1J v. AC & S, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “[A]
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motion

for

reconsideration

should

not

be

granted,

absent

highly

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unusual circumstances.” 389 Orange St. Partners v. Arnold, 179 F.3d
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656, 665 (9th Cir. 1999). Here, the Plaintiff has provided no new
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evidence to support his motion. Instead, he repeats the claims he made
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in his initial motion. The Court’s decision remains unchanged. The
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ORDER - 1

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Court finds that the Department of Health (DOH) sufficiently complied

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with the subpoena. The DOH gave Mr. Troupe the documents he asked for

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and the

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information of its employees. Therefore, the Court denies Plaintiff’s

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motion. The dates set forth in the Court’s previous order remain

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unchanged and are reiterated below.

Court

will not

fault

the DOH

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1.

the personal

Accordingly, IT IS HEREBY ORDERED:

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for redacting

264, is DENIED.

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Plaintiff’s Motion to Reconsider Motion to Compel, ECF No.

2.

Plaintiff must file his response to Defendants’ Motion for

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Summary Judgment, ECF No. 157, by no later than February 8,

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2016. If he does not, the Court will consider his previous

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filings, ECF No. 213-217, as his final response to the

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motion.

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3.

Defendants must file their reply to Defendants’ Motion for

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Summary Judgment, ECF No. 157, by no later than February

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29, 2016.

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IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to all counsel and to Mr. Troupe.
DATED this

25th

day of January 2016.

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____s/Edward F. Shea______
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2013\5028.TROUPE.ord.den.recon.lc2.docx

ORDER - 2