Garcia

(PC) Dillingham v. Garcia

Good Law
United States District Court, Eastern District of CaliforniaSeptember 1, 20211:19-cv-00461California604 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JERRY DILLINGHAM, 1:19-cv-00461-AWI-GSA-PC

Plaintiff, ORDER DENYING MOTION FOR

RECONSIDERATION

vs. (ECF No. 67.)

J. GARCIA, et al., Defendants.

20 I. BACKGROUND Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On August 18, 2021, Plaintiff filed objections to the court’s order issued on July 22, 2021. (ECF No. 67.) The court construes these objections as a motion for reconsideration of the July 22, 2021 order. II. MOTION FOR RECONSIDERATION Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic),…

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