Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON HILL, No. 2:20-cv-00843-TLN-CKD Plaintiff, v. ORDER RALPH M. DIAZ, et al., Defendants. 16 Plaintiff, a California prisoner proceeding pro se, has filed a motion asking that the court reconsider its July 22, 2020 order dismissing this case. (ECF No. 12.) 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. On May 5, 2020, the magistrate judge assigned to this case dismissed Plaintiff’s complaint with leave to amend. (ECF No. 5.) Thereafter, Plaintiff failed to file an amended complaint and the magistrate judge…