Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY DANIEL PROFFITT, No. 2:19-cv-1510 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, Respondent. 16 By order filed September 3, 2019, this action was dismissed (ECF No. 11) and judgment was entered the same day (ECF No. 12). Petitioner filed objections to the findings and recommendations on December 5, 2019,1 (ECF No. 18), followed by a motion for rehearing on January 5, 2020 (ECF No. 19), which will be construed as motions for reconsideration. A motion for reconsideration or relief from a judgment is appropriately brought under either Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) (citing Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989)). The motion “is treated as a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e) if it is filed [within the time provided by that Rule]. Otherwise, it is…