(PC) Miller v. Najera ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN R. MILLER, Case No. 1:19-cv-01077-AWI-BAM (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION 13 v. (Doc. No. 17) 14 NAJERA, et al., 15 Defendants. 16 17 Plaintiff Steven R. Miller is federal prisoner who proceeded pro se and in forma pauperis 18 in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of 19 Narcotics, 403 U.S. 388 (1971). 20 On December 7, 2020, the undersigned dismissed this action, with prejudice, due to 21 Plaintiff’s failure to state a claim upon which relief may be granted. Doc. No. 15. Judgment was 22 entered the same date. Doc. No. 16. Currently before the Court is Plaintiff’s motion for 23 reconsideration, which was filed on January 12, 2021. Doc. No. 17. 24 “[A] motion for reconsideration should not be granted, absent highly unusual 25 circumstances, unless the district court is presented with newly discovered evidence, committed 26 clear error, or if there is an intervening change in the controlling law,” Marlyn Nutraceuticals, 27 Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks 28 and citations omitted), and “[a] party seeking reconsideration must show more than a 1 | disagreement with the Court’s decision, and recapitulation” of that which was already considered 2 | by the Court in rendering its decision, United States v. Westlands Water District, 134 F. Supp. 2d 3 } 1111, 1131 (ED. Cal. 2001) (internal quotation marks and citation omitted). Additionally, 4 | pursuant to this Court’s Local Rules, when filing a motion for reconsideration of an order, a party 5 | must show “what new or different facts or circumstances are claimed to exist which did not exist 6 | or were not shown upon such prior motion, or what other grounds exist for the motion.” Eastern 7 | District of California Local Rule 230(j). 8 Plaintiff's motion fails to present “new or different facts or circumstances . . . which did 9 | not exist or were not shown upon such prior motion,” as required by Local Rule 230()). The 10 | Court’s order adopting the findings and recommendation and dismissing this action was issued 11 | following a de novo review of the entire case, and Plaintiff has failed to set forth any additional 12 | grounds that the Court did not consider that would entitle him to relief from the Court’s judgment. 13 Accordingly, Plaintiff's motion for reconsideration (Doc. No. 17) is DENIED. This 14 | action remains closed. 15 16 IT IS SO ORDERED. 17 | Dated: _January 20, 2021 —. 7 □ Z Cb Led — SENIOR DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28