Woodfill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, No. 2:20-cv-0205 KJM AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. WOODFILL, et al., Defendants. 16 By order filed December 16, 2020, this action was dismissed, ECF No. 27, and judgment was entered the same day, ECF No. 28. On January 15, 2021, plaintiff filed a motion for reconsideration and appointment of counsel. ECF No. 29. 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 treated as a Rule 60(b) motion for relief from a judgment or order.” Am. Ironworks & Erectors, Inc. v.…