Sivak

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LACEY SIVAK, Case No. 25-cv-00967-AMO (PR)

Plaintiff, ORDER DENYING MOTION FOR

RECONSIDERATION AND

v. TERMINATING PENDING MOTION

AS MOOT

ARACELI MARTÍNEZ-OLGUÍN,

Re: Dkt. No. 5 Defendant.

12 This is a closed action filed by Lacey Sivak, an Idaho state prisoner and frequent litigant, 13 who is representing himself. Before the Court is Sivak’s filing entitled, “Petition to Proceed 14 Without Cost Based on Imminent Danger,” which will be construed as a motion for 15 reconsideration of the Court’s dismissal of this action pursuant to 28 U.S.C. § 1915(g). Dkt. 5. 16 Where the Court’s ruling has resulted in a final judgment or order, as here, a motion for 17 reconsideration may be based either on Rule 59(e) (motion to alter or amend judgment) or Rule 18 60(b) (motion for relief from judgment) of the Federal Rules of Civil Procedure. Because Sivak’s 19 motion was not filed within ten days of entry of judgment, as is required for a Rule 59(e) motion, 20 it will be treated…