Kelso

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSEPH RAYMOND MCCOY, ) Case No.: 1:12-cv-000983-AWI-SAB (PC) ) Plaintiff, )

ORDER DENYING PLAINTIFF’S MOTION TO

) v. ) AMEND THE JUDGMENT

STRONACH, et al., ) (ECF No. 302) ) Defendants. ) ) )

Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 15, 2021, Plaintiff filed a motion for a new trial under Federal Rule of Civil Procedure 59. (ECF No. 302.) The Court may grant reconsideration under Rules 59(e) or 60. See Schroeder v. McDonald, 55 F.3d 454, 458–59 (9th Cir. 1995). A motion to alter or amend a judgment under Rule 59(e) must be filed no later than 28 days after the entry of judgment. Fed. R. Civ. P. 59(e). Therefore, a “motion for reconsideration” is treated as a motion to alter or amend judgment under Rule 59(e) if it is filed within 28 days of entry of judgment;…