Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL RIVERA, Case No. 2:20-cv-02235-TLN-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR RECONSIDERATION

v. ECF No. 10 RALPH DIAZ, et al., Defendants. 16 On January 15, 2021, I screened plaintiff’s complaint and notified plaintiff that the complaint did not state a viable claim. ECF No. 7. I granted plaintiff leave to file an amended complaint. Id. Rather than filing an amended complaint, plaintiff has filed a motion for reconsideration objecting to the January 15 screening order. ECF No. 10. Plaintiff’s motion fails to show that reconsideration is appropriate and will therefore be denied. Generally, a court will reconsider a prior order when it “(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.” School Dist. No. 1J v. AC and S, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Under the…