Teryaeva-Reed

Teryaeva-Reed v. Peters

Good Law
United States District Court, Northern District of CaliforniaAugust 14, 20244:24-cv-03910California947 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JULIA TERYAEVA-REED, Case No. 24-cv-03910-JSW

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION

COLETTE S. PETERS, et al., Re: Dkt. No. 12 Defendants.

Plaintiff, a federal prisoner in Miami, Florida proceeding pro se, filed this civil rights case against officials of the Federal Bureau of Prisons (“BOP”). The complaint was dismissed for failure to state a claim upon which relief may be granted. Plaintiff has filed a motion for reconsideration. Where, as here, the Court's ruling has resulted in a final judgment or order (e.g., after dismissal or summary judgment motion), a motion for reconsideration may be based either on Rule 59(e) (motion to alter or amend judgment) or Rule 60(b) (motion for relief from judgment) of the Federal Rules of Civil Procedure. See Am. Ironworks & Erectors v. N. Am. Constr. Corp., 248 F.3d 892, 898-99 (9th Cir. 2001). Rule 59(e) is used for a substantive change of mind by the court …

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