United States of America v. Kegley et al

Filing 25

ORDER Denying 24 Defendant Kegley's Motion to Reconsider. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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CV-13-5053-EFS

Plaintiff,

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No.

ORDER DENYING DEFENDANT KEGLEY’S
MOTION TO RECONSIDER

v.
RICHARD D. KEGLEY, RAMON ZAMORA,
ZAP BOXING CLUB YOUTH CENTER, ERIN
CAPITAL MANAGEMENT, WALLWA WALLA
COUNTY, RICHARD of YHVH, Office of
the First Presiding Patriarch,
JAMIE OF YHVH, Office of the First
President Patriarch, ERIN CAPITAL
MANAGEMENT, and WALLA WALLA
COUNTY,
Defendants.

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Before the Court, without oral argument, is Defendant Richard D.

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Kegley’s pro se Motion for Reconsideration, ECF No. 24, of the Court’s

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November 26, 2013 Order, ECF No. 23, denying his prior motion to

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dismiss, ECF No. 15.

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dismissal motion is based on an incorrect legal determination that the

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United States’ plead all necessary jurisdictional facts to support the

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Court’s jurisdiction over Mr. Kegley in this lawsuit.

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Mr.

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extraordinary remedy, of the November 26, 2013 Order is necessary.

Kegley

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ORDER - 1

fails

to

Mr. Kegley argues the Court’s denial of his

establish

that

The Court finds

reconsideration,

which

is

an

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See Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.

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2000).

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A

motion

for

reconsideration

under

Federal

Rule

of

Civil

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Procedure 59(e) is appropriate “if the district court (1) is presented

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with

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decision was manifestly unjust, or (3) if there is an intervening

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change in controlling law.”

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v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993).

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none of these sections apply.

newly

discovered

evidence,

(2)

committed

clear

error

or

the

Sch. Dist. No. 1J, Multnomah Cnty., Or.
The Court finds

The Court sufficiently addressed Mr.

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Kegley’s legal arguments in its November 26, 2013 Order, and the Court

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does not find error in its decision.

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Accordingly, IT IS HEREBY ORDERED:

Mr. Kegley’s Motion for

Reconsideration, ECF No. 24, is DENIED.
IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to Mr. Kegley and counsel.
DATED this

16th _

day of December 2013.

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s/ Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2013\5053.deny.reconsid.kegley.lc1.docx

ORDER - 2