Bruce

(PC) Gallegos v. Bruce

Good Law
United States District Court, Eastern District of CaliforniaSeptember 13, 20242:23-cv-02964California412 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN ROBERT GALLEGOS, No. 2:23-cv-2964 DJC CKD P Plaintiff, v. ORDER GLADDEN BRUCE, et al., Defendants. 16 Plaintiff, a California prisoner proceeding pro se, has filed what the court construes as a motion for reconsideration of the May 3, 2024, order dismissing plaintiff’s complaint with leave to amend. A ruling may be reconsidered under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. There has been no change in the law, dismissal of plaintiff’s complaint with leave to amend is not unjust, clear error was not committed, and no new evidence suggests that dismissal 26 …

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