Ola

I. BACKGROUND

20 Miguel G. Sifuentes (“Plaintiff”) is a prisoner proceeding pro se with this civil rights 21 action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended 22 Complaint filed on April 26, 2017, against defendant Dr. Ola (“Defendant”) for failure to provide 23 adequate medical care, in violation of the Eighth Amendment. (ECF No. 21.) 24 On November 16, 2021, the court granted Plaintiff’s motion for a 60-day extension of 25 time to file a response to Defendant Ola’s motion for summary judgment. (ECF No. 61.) On the 26 same date, November 16, 2021, Defendant Ola filed an opposition to Plaintiff’s motion for 27 extension of time. (ECF No. 60.) The court construes Defendant’s opposition as a motion for 28 reconsideration of the court’s 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),…