Michael Jones v. Thomas Vilsack

Good Law
586 F. App'x 352
United States Court of Appeals for the Ninth CircuitDecember 3, 201413-16262California243 words

Opinion

Opinion

MEMORANDUM

Michael R. Jones appeals pro se the district court’s order dismissing his employment action as duplicative. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Adams v. Cal. Dep’t of Health Servs., 487 F.3d 684 , 688 (9th Cir.2007), and we affirm.

The district court did not abuse its discretion in dismissing Jones’ action as du-plicative of his claims in Jones v. Forest Service, No. 2:11-cv-2972-GEB-CMK, because the claims, relief sought, and parties are the same. See Adams, 487 F.3d at 688-94 (listing the factors for determining whether claims are duplicative, explaining that two events arise out of the same nucleus of facts if they are related and can be conveniently tried together, and noting the district court’s broad discretion in deciding how to dispose of a later-filed, dupli-cative action).

The district court did not abuse its discretion in denying Jones’ motions for reconsideration because Jones failed to establish any basis for relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir.1993) (setting forth standard of review and grounds for reconsideration under Fed. R.Civ.P. 59(e) and…

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