Brandon Eugene Hunter v. Sacramento County, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON EUGENE HUNTER, No. 2:22-cv-01282-DC-EFB (PC) Plaintiff, v. ORDER DENYING MOTION FOR
RECONSIDERATION
SACRAMENTO COUNTY, et al., (ECF No. 43) Defendants. 16 Plaintiff proceeds without counsel in this action brought under 42 U.S.C. § 1983. The court dismissed the case for failure to prosecute after plaintiff was given multiple opportunities to oppose defendants’ motion for summary judgment but failed to do so. ECF No. 41. He asks the court to reconsider the ruling. ECF No. 43. A motion seeking relief from a judgment is governed by either Federal Rule of Civil Procedure 59(e) or 60(b), depending on when the motion is filed. Cent. Produce El Jibarito v. Luna Commer. Corp., 880 F. Supp. 2d 282, 285 (D.P.R. 2012). If the motion is filed within 28 days of entry of judgment, Rule 59(e) governs; otherwise, Rule 60(b) governs. Id.; see also United States v. Comprehensive Drug Testing, Inc., 473 F.3d 915, 956 (9th Cir.…