Wise v. California Department of Social Services

Filing 12

ORDER DENYING 11 RECONSIDERATION. The case remains CLOSED. Signed by Judge Thomas O. Rice. (LTR, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Nov 25, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JOSH WISE,

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Plaintiff,
v.

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ORDER DENYING
RECONSIDERATION

CALIFORNIA DEPARTMENT OF
SOCIAL SERVICES,
Defendant.

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NO. 2:24-CV-0362-TOR

BEFORE THE COURT is Plaintiff’s Expedited Motion for Reconsideration.
ECF No. 11.
This Court, sitting in the Eastern District of Washington, does not have
jurisdiction over a State of California agency.

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A motion for reconsideration of a judgment may be reviewed under either

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Federal Rule of Civil Procedure 59(e) (motion to alter or amend a judgment) or

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Rule 60(b) (relief from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255,

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1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is

ORDER DENYING RECONSIDERATION ~ 1

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

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

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controlling law.” Id. at 1263; United Nat. Ins. Co. v. Spectrum Worldwide, Inc.,

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555 F.3d 772, 780 (9th Cir. 2009) (citation omitted). Whether to grant a motion

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for reconsideration is within the sound discretion of the court. Navajo Nation v.

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Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th

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Cir. 2003).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Plaintiff’s Expedited Motion for Reconsideration, ECF No. 11, is
DENIED.

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2. The case remains CLOSED.

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The District Court Executive is directed to enter this Order and furnish a

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copy to Plaintiff.
DATED November 25, 2024.

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THOMAS O. RICE
United States District Judge

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ORDER DENYING RECONSIDERATION ~ 2