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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KEITH ADAIR DAVIS,
Plaintiff,

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v.

CASE NO. C16-5129 BHS
ORDER DENYING MOTION TO
AMEND OR ALTER JUDGMENT

WASHINGTON STATE
DEPARTMENT OF CORRECTIONS,
et al.,
Defendants.

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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

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The issues cited in Plaintiff’s motion to amend or alter the judgment have already

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been addressed by the R&R issued by the Honorable David W. Christel, United States

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Magistrate Judge, which was adopted by the Court’s previous order. Dkts. 119, 132. The

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motion is DENIED.

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Dated this 13th day of February, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2