Kernan
(PC) Eleson v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC RICHARD ELESON, No. 2:18-cv-2834 MCE CKD P Plaintiff, v. ORDER SCOTT KERNAN, et al., Defendants. 16 Plaintiff, a California prisoner proceeding pro se, has filed a motion asking that the court reconsider its August 20, 2019, order dismissing this case. ECF No. 19. A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. Plaintiff does not present newly discovered evidence suggesting this matter should not have been dismissed and there has not been a change in the law. Furthermore, the Court finds that, after a de novo…