Kurt Angelone v. Michael Furst

MEMORANDUM

Washington state prisoner Kurt Jeffrey Angelone appeals pro se from the district court’s order denying Angelone’s motions to reconsider the voluntary dismissal with prejudice of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993), and we affirm.

The district court did not abuse its discretion in denying Angelone’s motions to reconsider because Angelone failed to establish grounds for such relief under either Federal Rule of Civil Procedure 59(e) or 60(b). See id. at 1263 (discussing circumstances warranting reconsideration or relief from judgment under Rule 59(e) and 60(b)); Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir.2006) (explaining that Fed.R.Civ.P. 60(b)(6) “is used sparingly as an equitable remedy to prevent manifest injustice” (citation and internal quotation marks omitted)).

Contrary to Angelone’s contentions, the district court did not abuse its discretion in denying Angelone’s motions to appoint counsel and medical experts and his motion to compel discovery. See Palmer v. Valdez, 560…