Creamer v. Sherer ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE WARREN CREAMER, No. 1:20-cv-00293-NONE-BAM 12 Plaintiff, 13 v. ORDER DENYING MOTION FOR RECONSIDERATION 14 SUSIE SHERER, et al., (Doc. No. 14) 15 Defendants. 16 17 Plaintiff Bruce Warren Creamer, proceeding pro se and in forma pauperis, filed the 18 instant action on February 26, 2020. (Doc. No. 1.) On June 1, 2021, the assigned magistrate 19 judge issued findings and recommendations recommending that this action be dismissed without 20 prejudice due to plaintiff’s failure to state a claim upon which relief may be granted. (Doc. No. 21 10.) Those findings and recommendations were served on plaintiff and contained notice that any 22 objections thereto were to be filed within fourteen (14) days after service. (Id.) On June 14, 23 2021, plaintiff filed objections. (Doc. No. 11.) On June 30, 2021, the court adopted the 24 magistrate judge’s findings and recommendations to dismiss this action without prejudice, 25 entered judgment, and closed this case. On July 12, 2021, plaintiff filed another document 26 entitled “objections to findings and recommendations.” (Doc. No. 14.) Because judgment 27 already has been entered, but was entered fewer than 28 days ago, the court will construe the 28 document as a motion for reconsideration under Federal Rule of Civil Procedure 59. 1 A motion for reconsideration under Rule 59(e) “should not be granted . . . unless the 2 | district court is presented with newly discovered evidence, committed clear error, or if there is an 3 | intervening change in the controlling law.” Orange St. Partners v. Arnold, 179 F. 3d 656, 665 4 | (9th Cir. 1999). Reconsideration of a prior order is an extraordinary remedy “to be used sparingly 5 | in the interests of finality and conservation of judicial resources.” Kona Enters., Inc. v. Estate of 6 | Bishop, 229 F.3d 877, 890 (9th Cir. 2000); Pyramid Lake Paiute Tribe of Indians v. Hodel, 882 7 | F.2d 364 n.5 (th Cir. 1989) (“[T]he orderly administration of lengthy and complex litigation 8 | such as this requires the finality of orders be reasonably certain.”). Further, motions for 9 | reconsideration “may not be used to raise arguments or present evidence for the first time when 10 | they could reasonably have been raised earlier in the litigation.” Kona Enters., 229 F.3d at 890 11 (emphasis in original); accord Marlyn Nutraceuticals, Inc. vy. Mucos Pharma GmbH & Co., 571 12 | F.3d 873, 880 (9th Cir. 2009). 13 Plaintiffs recent submission fails to present newly discovered evidence, any basis for a 14 | finding of clear error, or any indication that there has been an intervening change in the 15 | controlling law. Plaintiff mentions that the undersigned should have “excused” himself from this 16 | case purportedly due to a “conflict of interest” but fails to articulate any legal or factual grounds 17 | for recusal, let alone for recusal after judgment has been entered. Therefore, plaintiff's motion 18 | for reconsideration is DENIED. 19 | IT IS SO ORDERED. sass - Dated: _ July 19, 2021 Yele A Yad 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28