Iceberg v. Whitman County

Opinion

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3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 SCOTT FRANCIS ICEBERG, NO. 2:22-CV-0332-TOR 8 Plaintiff, ORDER DENYING PLAINTIFF’S 9 v. MOTION FOR RECONSIDERATION

10 WHITMAN COUNTY, and LORETTA LYNCH, 11 in her official capacity,

12 Defendants. 13 BEFORE THE COURT is Plaintiff’s Motion for Reconsideration. ECF No. 14 13. This matter was submitted for consideration without oral argument. The Court 15 has reviewed the record and files herein and is fully informed. 16 Plaintiff seeks an order that his ADA claim is dismissed “without 17 prejudice” and that his in forma pauperis status be reinstated. ECF No. 13. 18 A motion for reconsideration of a final judgment may be reviewed under 19 Federal Rule of Civil Procedure 59(e) (motion to alter or amend a judgment) or 20 Rule 60(b) (relief from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1}] 1262 (9th Cir. 1993). As a rule, a court should be loath to revisit its own decisions in the absence of extraordinary circumstances such as where the initial decision 3|| was “clearly erroneous and would work a manifest injustice.” Christianson v. Colt 4|| Indus. Operating Corp., 486 U.S. 800, 817 (1988). Nonetheless, whether to grant a motion for reconsideration is within the sound discretion of the court. Navajo 6|| Nation v. Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 7|| 1046 (9th Cir. 2003). 8 Plaintiff claims that he was not asserting a constitutional violation, only one 9|| under the ADA. However, Plaintiff cites no case holding that a court violates the 10|| ADA for failing to provide an attorney as a reasonable accommodation. See Iceberg v. King Cnty. Superior Ct., No. C20-1595RSM, 2021 WL 391615, at *3 (W.D. Wash. Feb. 4, 2021). Plaintiff simply disagrees with the Court’s prior order. 13 || Plaintiff has not provided any grounds upon which the Court can grant his motion. ACCORDINGLY, IT IS HEREBY ORDERED: 15 Plaintiffs Motion for Reconsideration, ECF No. 13, is DENIED. 16 The District Court Executive is directed to enter this Order and furnish a 17|| copy to Plaintiff. 18 DATED March 2, 2023.

gp a fino 0. Cee 20 oe x THOMAS O. RICE <> United States District Judge