Davis v. Washington State Department of Corrections et al

Filing 145

ORDER by Judge Benjamin H. Settle DENYING 133 MOTION to Amend filed by Keith Adair Davis. **2 PAGE(S), PRINT ALL**(Keith Davis, Prisoner ID: 936379)(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 KEITH ADAIR DAVIS, Plaintiff, 9 10 11 v. CASE NO. C16-5129 BHS ORDER DENYING MOTION TO AMEND OR ALTER JUDGMENT WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendants. 12 13 14 15 16 17 18 19 20 21 22 This matter comes before the Court on Plaintiff’s motion to alter or amend judgment filed on November 15, 2017. Dkts. 133–135. Under Federal Rule of Civil Procedure 59(e), a motion to alter or amend judgment “should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999). The rule “may not be used to relitigate old matters, or raise arguments or present evidence that could have been raised prior to entry of final judgment.” Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n.5 (2008). ORDER - 1 1 The issues cited in Plaintiff’s motion to amend or alter the judgment have already 2 been addressed by the R&R issued by the Honorable David W. Christel, United States 3 Magistrate Judge, which was adopted by the Court’s previous order. Dkts. 119, 132. The 4 motion is DENIED. 5 Dated this 13th day of February, 2018. A 6 7 BENJAMIN H. SETTLE United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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