Guerra

Guerra v. Paramo

Good Law
251 F. App'x 424
United States Court of Appeals for the Ninth CircuitOctober 18, 2007No. 06-55039California505 words

Opinion

Lead Opinion

MEMORANDUM **

Danny Montana Guerra, a California state inmate at Calipatria State Prsion, appeals from a jury verdict in favor of prison officials in his 42 U.S.C. § 1983 suit. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court had jurisdiction to grant the defendants’ request to late-designate an expert witness. “[A]s long as a district court has jurisdiction over the *425 case, then it possesses the inherent procedural power to reconsider, rescind, or modify an interlocutory order for cause seen by it to be sufficient.” City of Los Angeles v. Santa Monica Baykeeper, 254 F.3d 882, 889 (9th Cir.2001) (quotations omitted). The “law of the case” doctrine is “wholly inapposite to circumstances where a district court seeks to reconsider an order over which it has not been divested of jurisdiction.... All rulings of a trial court are subject to revision at any time before the entry of judgment.” United States v. Smith, 389 F.3d 944, 949 (9th Cir.2004) (quotations and emphasis omitted). The district court could grant the request to reconsider even if untimely filed, as a local rule of civil procedui’e does not replace the district court’s authority to…

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