(PC) Hill v. Allison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Cymeyon Hill, No. 2:22-cv-00718-KJM-EFB 12 Plaintiff, ORDER 13 v. 14 Kathleen Allison, et al., 1S Defendants. 16 17 On June 10, 2022, the court adopted the magistrate judge’s findings and 18 | recommendations, ordering the plaintiff to pay the filing fee. ECF No. 11. Plaintiff filed a 19 | motion for reconsideration, ECF No. 12, and objections to the court’s order, ECF No. 13. 20 A motion for reconsideration or relief from a judgment is appropriately brought under 21 | either Rule 59(e) or Rule 60(b). Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) 22 | (citation omitted). The filing is timely under both rules. Fed. R. Civ. P. 59(e) (setting a 28-day 23 | window to file the motion); Fed. R. Civ. P. 60(c)(1) (motion must be “made within a reasonable 24 | time”). Under Rule 59(e), three grounds may justify reconsideration: (1) an intervening change in 25 | controlling law; (2) the availability of new evidence; or (3) the need to correct clear error or 26 | prevent manifest injustice. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 656, 27 | 665 (E.D. Cal. 1986). Under Rule 60(b), the court may grant reconsideration of a final judgment 28 | and any order based on, among other things: (1) mistake, inadvertence, surprise, or excusable

1 | neglect; (2) newly discovered evidence which, with reasonable diligence, could not have been 2 | discovered within ten days of entry of judgment; and (3) fraud, misrepresentation, or misconduct 3 | of an opposing party. Relief under Rule 60(b) should not be granted absent “extraordinary 4 | circumstances” showing a significant change in facts or law. Delay v. Gordon, 475 F.3d 1039, 5 | 1044 (9th Cir. 2007) (citation omitted). Similarly, Local Rule 230(q)(3)-(4) requires that a 6 | movant seeking reconsideration identify “what new or different facts or circumstances” exist, or 7 | any other grounds, to justify reconsideration of a court's prior order. 8 Plaintiff does not meet the standard for reconsideration; thus, the court denies his motion 9 | (ECF No. 12), rendering his objections moot (ECF No. 13). The court grants the plaintiff one 10 | last chance to pay the $402 filing fee. If the plaintiff does not pay the fee within fourteen days 11 | from the date of this order, the action will be dismissed. This matter is referred back to the 12 | magistrate judge for any further proceedings. 13 IT IS SO ORDERED. 14 DATED: July 12, 2022. | / □ 15 CHIEF ED STATES DISTRICT JUDGE